Wiseman turns down delay in probation revocation hearing

A Superior Court judge yesterday denied the request of a man to delay the hearing on the possible revocation of his probation in a traffic case until after his trial in a separate criminal case.

Citing a precedent judicial ruling, associate judge David Wiseman said the CNMI has great interest in imprisoning a probationer when the rehabilitative device fails, “without the burden of a new adversary criminal trial.”

The judge denied the request of Wen Xiong Jie to delay his probation revocation hearing after his trial on a charge of assault with a dangerous weapon.

The court had earlier sentenced Wen to 30 days imprisonment, 26 days of which were suspended, after the defendant pleaded guilty to a traffic violation on March 30, 2004. The court then imposed a $600 fine on Wen and placed him under one-year probation.

On Sept. 22, 2004, however, authorities arrested and charged Wen with assault with a dangerous weapon. The Attorney General’s Office later asked the court to revoke Wen’s probation in the traffic case.

“Defendant argues that if he were required to face a revocation hearing prior to his criminal trial, he would be forced to either forego presenting a defense in the probation revocation hearing, or present a defense at the revocation hearing and reveal the details of his assault with a deadly weapon defense,” the judge noted.

But the judge said that probation revocation before a criminal trial does not violate any of the defendant’s constitutional rights. He said the government does not even have to charge the defendant with a felony.

“The government need only establish that the probationer is a poor probation risk,” Wiseman said.

The judge denied Wen’s request to delay the revocation hearing, which the court has yet to schedule.