## Probation violations in West Virginia Probation lets people convicted of crimes serve their sentences in the community instead of jail / prison — under conditions monitored by a probation officer. Violating those conditions can land you back in custody — sometimes for the entire originally-suspended sentence. ### West Virginia burden of proof Preponderance of the evidence. ## How probation gets violated **Technical violations** — failing to comply with conditions: - Missing meetings with probation officer - Failing drug / alcohol tests - Failing to complete required programs (treatment, classes, community service) - Failing to pay fines, fees, or restitution - Leaving the jurisdiction without permission - Failing to maintain employment / report changes - Associating with felons or other prohibited people - Possessing firearms (often prohibited) **New crime** — committing any new offense while on probation. Even a misdemeanor arrest typically triggers a violation. **Failure to appear** in any required court setting. ## What happens after a violation is alleged 1. **Probation officer files a violation report** — with the court 2. **Warrant or summons** issued for the probationer 3. **Arrest or self-surrender** — usually arrest if a new crime is alleged 4. **Initial hearing** — bail / release decision (often denied) 5. **Formal violation hearing** — judge decides if violation occurred 6. **Disposition** — court decides what to do ## Constitutional protections at violation hearings **Probation revocation hearings have FEWER protections than original criminal trials:** - **Lower burden of proof** — preponderance vs beyond reasonable doubt - **No jury trial right** — judge decides alone - **No 5th Amendment right to jury** for the violation finding - **Hearsay evidence often admissible** — Crawford rules don't fully apply - **Right to counsel** — generally yes (Gagnon v. Scarpelli, 1973) - **Right to written notice of allegations** - **Right to confront witnesses** — qualified - **Right to present evidence** - **Right to a written statement of reasons for revocation** ## Possible dispositions If a violation is found, the judge has options: - **Continue probation** with same conditions (warning) - **Modify probation** — add conditions (more reporting, additional treatment) - **Extend probation period** - **Short jail sentence** plus continued probation - **Revocation** — impose the original suspended sentence (often years) Judges have wide discretion. The biggest danger: **revocation triggers the suspended sentence** — meaning a violator on probation for what would have been a 5-year prison sentence can suddenly be sent to prison for 5 years. ## Common defenses - **Did not violate** — challenge the underlying facts - **Excusable noncompliance** — illness, transportation issues, work conflict - **No willful violation** — failure was beyond probationer's control (homelessness, mental illness, lack of resources for restitution) - **Indigency defense** — Bearden v. Georgia (1983) bars revocation solely for inability to pay if the probationer made bona fide efforts - **Lack of notice** — probationer wasn't properly informed of conditions - **Constitutional violations** — illegal search by probation officer - **Mental-health / addiction issues** as mitigation ## Drug-test violations specifically - **Chain of custody** challenges - **Cross-reactivity** — legitimate prescriptions cross-reacting on cheap tests - **Confirmatory testing** — many positive screens are reversed by lab confirmation - **Withdrawal vs current use** — particularly for opioid metabolites - **Hair vs urine vs blood** — different windows of detection ## Federal supervised release violations Federal supervised release (the federal post-prison equivalent) has its own framework: - **18 U.S.C. § 3583(e)** — judge can revoke and impose remaining sentence - **Mandatory revocation** for certain violations (drug possession, firearm possession, refusing testing, multiple positive tests) - **Federal sentencing guidelines** for revocation produce specific ranges ## What you should do If you've been accused of violating probation in West Virginia: do NOT skip your hearing (failure to appear adds an additional violation), do NOT make any statements to the probation officer beyond what's strictly required, and hire a criminal-defense attorney IMMEDIATELY. Many West Virginia criminal-defense attorneys handle violation cases on flat-fee basis and can be effective even when the underlying facts are bad — by negotiating modification rather than revocation. --- *This guide is general information about West Virginia law as of early 2026 and is not legal advice. Probation-violation procedures have many state-specific details. Talk to a licensed West Virginia criminal-defense attorney about your specific case.*