What are the rights of someone held in custody or detained while on parole or probation?

In West Virginia, people who are held in custody or detained while on parole or probation have certain rights. These rights protect them against unlawful or excessive detention and ensure they receive a fair and impartial hearing. The right to be informed of the reason for the arrest or detention, and to receive written notice. The right to access legal counsel, including the right to a court-appointed lawyer. The right to a speedy and impartial hearing before a judge or jury. The hearing must be held as soon as possible, and the accused must have the opportunity to present evidence and challenge any evidence against them. The right to remain silent and not incriminate oneself. The right to be informed of any and all pending court actions, including the terms and conditions of parole or probation. The right to not be detained or arrested longer than necessary unless there is a legitimate reason to do so. Finally, under the West Virginia Constitution, people subject to parole or probation have a right to be treated humanely and with respect for their dignity. This includes the right to humane living conditions, adequate medical care, and access to necessary programs and services. To sum up, people held in custody or detained while on parole or probation in West Virginia have the right to be informed of the reason for their arrest or detention, access to legal representation, a speedy and impartial hearing, protection against self-incrimination, notification of all court proceedings, and humane treatment.

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