(Download) "State Ex Rel. Thomas D. Ostrander v." by Supreme Court of Appeals of West Virginia ~ eBook PDF Kindle ePub Free
eBook details
- Title: State Ex Rel. Thomas D. Ostrander v.
- Author : Supreme Court of Appeals of West Virginia
- Release Date : January 22, 1980
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
1. Criminal Law -- Time of Preliminary Hearing In determining whether a preliminary hearing for an alleged probation violation has been held without unreasonable delay, three factors should be considered: (1) the length of and reason for the delay; (2) the probationer's assertion of his right; and, (3) the prejudice to the defendant. 2. Criminal Law -- Jurisdiction of Court A circuit court has jurisdiction to revoke probation subsequent to the expiration of the probationary period where a warrant for the probationer's arrest for probation violation is issued prior to the expiration of the probationary period; where the probationer flees the jurisdiction and is apprehended only a short time prior to the expiration of his probationary period; and where the delay in hearing the probation revocation until after the expiration of the probationary period is occasioned by the actions of the petitioner and/or his counsel.
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