Morgantown Probation Violation Lawyers
By J. Brandon Shumaker and J. Tyler Slavey · Slavey & Shumaker PLLC · Morgantown, WV · Last updated November 12, 2026
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Probation gives a person the chance to serve a sentence in the community, but it comes with conditions, and an alleged violation can put that freedom at risk quickly. West Virginia law separates serious violations from other violations, and that difference often decides what happens at the hearing.
Slavey & Shumaker PLLC represents people accused of violating probation in Monongalia, Preston, Marion and Harrison Counties. See also our bail and bond page and our criminal trial process page.
1. How a Probation Violation Case Starts
If at any time during probation there is reasonable cause to believe the probationer has violated a condition of probation, the probation officer may arrest the probationer with or without an order or warrant, or the court that placed the person on probation may order an arrest. The person is then brought before the court for a prompt and summary hearing (W. Va. Code § 62-12-10(a)).
2. Violations That Can Lead to Revocation
If the court finds reasonable cause to believe the probationer did any of the following, it may revoke the suspension of the sentence, impose a sentence if none was imposed and order the sentence executed (§ 62-12-10(a)(1)):
- Absconded supervision
- Engaged in new criminal conduct, other than a minor traffic violation or simple possession of a controlled substance
- Violated a special condition of probation designed either to protect the public or a victim
3. Other Violations: Graduated Sanctions
For a violation of any other condition of supervision, the statute sets graduated sanctions (§ 62-12-10(a)(2)):
| Violation | What the statute provides |
|---|---|
| First violation | The judge shall impose a period of confinement of up to 60 days |
| Second violation | The judge shall impose a period of confinement of up to 120 days |
| Third violation | The judge may revoke probation, impose sentence if none was imposed and order it executed, with credit for time spent in confinement under the section |
A judge may depart from these limits by making specific written findings of fact supporting the departure (§ 62-12-10(c)).
Accused of Violating Probation?
Free consultation with a Morgantown criminal defense lawyer. Early action can make a difference at the hearing.
4. Continuing on Probation
A violation does not always end probation. If the court believes the interests of justice do not require the probationer to serve the sentence or a period of confinement, it may release the person on probation again, except when the violation was the commission of a felony (§ 62-12-10(c)).
5. Credit for Time
If probation is revoked, the time between the person’s release on probation and the arrest for the violation is not counted as part of the sentence (§ 62-12-10(a)(3)). That rule can make a revocation late in a probation term especially costly.
6. If There Is a Warrant
If you learn there is a warrant or an order for your arrest, talk with a lawyer right away. A lawyer can help you understand what violation is alleged, address the warrant in an orderly way and begin preparing for the hearing. For questions about release, see our bail and bond page.
7. Defending a Probation Violation
We review the probation officer’s report, the conditions of probation and the evidence behind the allegation.
Whether an alleged violation falls under the revocation provisions or the graduated sanction provisions often decides the possible outcome.
Missed appointments, failed tests and other problems sometimes have explanations, such as work schedules, transportation or medical issues, that matter to the court.
Treatment, employment, family responsibilities and a plan going forward can support continued probation.
8. Why Choose Slavey & Shumaker PLLC
Our attorneys, J. Tyler Slavey, J. Brandon Shumaker, Scott B. Harris and Kasey Libby, appear regularly in the magistrate, circuit and municipal courts of Monongalia, Preston, Marion and Harrison Counties. Our office is at 174 Chancery Row in Morgantown, beside the Monongalia County Courthouse. The initial consultation is free. Criminal defense is generally billed on an hourly fee basis. No lawyer can guarantee a result. You can read what past clients say in our more than 100 Google reviews.
9. Frequently Asked Questions About Probation Violations
Talk With a Morgantown Criminal Defense Lawyer
Slavey & Shumaker PLLC, 174 Chancery Row, Morgantown. Defending criminal cases in Monongalia, Preston, Marion and Harrison Counties. The initial consultation is free.
This page is provided for general informational purposes about West Virginia law and is not legal advice. Reading it does not create an attorney-client relationship. Every case depends on its own facts, and past results do not guarantee a similar outcome.