Rule 28 - Revocation or modification of probation or alternative sentence(a)Preliminary Hearing. - Whenever a person is held in custody on the ground that he or she has violated a condition of probation or an alternative sentence, the person shall be afforded a prompt hearing before a magistrate who has been authorized by law to conduct preliminary hearings, in order to determine whether there is probable cause to hold the person for a revocation hearing. The person may waive the preliminary hearing. The person shall be given: (1) Notice of the preliminary hearing and its purpose and of the alleged violation;(2) An opportunity to appear at the hearing and present evidence in his or her own behalf;(3) Upon request, the opportunity to question adverse witnesses unless, for good cause, the magistrate decides that justice does not require the appearance of the witness; and(4) Notice of his or her right to be represented by counsel.(b)Post Conviction Bond. - If probable cause is found to exist, the person shall be held for a revocation hearing. The person may be released pursuant to Chapter 62-1C-1 et. seq., pending the revocation hearing. If probable cause is not found to exist, at the preliminary hearing the proceedings shall be dismissed.(c)Revocation Hearing. - The revocation hearing, unless waived by the person shall be held within a reasonable time, and pursuant to the procedure prescribed in Chapter 62, Article 12, Section 10, of the West Virginia Code of 1931, as amended. The person shall be given: (1) Written notice of the alleged violation;(2) Disclosure of the evidence against him or her;(3) An opportunity to appear and to present evidence in his or her own behalf;(4) The opportunity to question adverse witnesses; and(5) Notice of his or her right to be represented by counsel, and, in the event he or she is indigent, of his or her right to appointed counsel.W. Va. R. Crim. Pro. Magist. Ct. 28
Adopted Effective 7/1/1988.