Who will decide if I am guilty of violating parole or probation?
In West Virginia, when someone is suspected of violating parole or probation, a parole or probation officer will decide if an individual has violated the conditions of their parole or probation. Parole or probation officers are employed by the West Virginia Division of Corrections, Rehabilitation, and Reentry. The first step of this decision-making process is usually an investigation. A parole or probation officer will look into any allegations of misconduct. They will review any available evidence, interview the person accused of the violation, and speak with any witnesses that may have heard or seen something relating to the purported violation. Once the investigation has been completed, the parole or probation officer will decide if the individual has violated the conditions of their parole or probation. If the parole or probation officer finds that the individual has violated the conditions of their parole or probation, the individual faces the possibility of having their parole or probation suspended, revoked, or modified. If the parole or probation officer believes that the terms of the parole or probation have been violated, they will then refer the case to either the county district attorney or the state parole board for a hearing. The district attorney or the state parole board will decide if the individual is guilty of the violation and determine what repercussions are necessary. This can include anything from issuing a warning or issuing fines to revoking the parole or probation and sending the individual back to jail.
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