Can parole or probation be revoked on the basis of an arrest for a new offense?
Yes, parole or probation can be revoked on the basis of an arrest for a new offense in West Virginia. According to West Virginia’s Parole and Probation law, a parolee or probationer can be subject to an arrest and possible revocation of either parole or probation if they are arrested for a new crime or violation of the terms of their probation or parole. Furthermore, a parolee or probationer can be charged with violating the conditions of their supervision if the arresting officer finds that they have committed a new violation. When the arresting agency or officer informs the parole or probation officer of the arrest, the parole or probation officer will investigate the new offense to determine if the parolee or probationer has indeed violated the terms of their parole or probation. If the officer finds enough evidence of a violation, they may decide to revoke parole or probation with the approval of the court. The court will then hold a revocation hearing to determine whether the parolee or probationer in fact violated their parole or probation and, if they did, what the appropriate punishment or other corrective action should be. In sum, if a parolee or probationer in West Virginia is arrested for a new offense, they can be subject to revocation of their parole or probation at the discretion of the court. The court will conduct a revocation hearing to determine whether a violation occurred and what the appropriate action should be.
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