§62-12-3. Suspension of sentence and release on probation.
Whenever, upon the conviction of any person eligible for
probation under the preceding section, it shall appear to the
satisfaction of the court that the character of the offender and
the circumstances of the case indicate that he is not likely again
to commit crime and that the public good does not require that he
be fined or imprisoned, the court, upon application or of its own
motion, may suspend the imposition or execution of sentence and
release the offender on probation for such period and upon such
conditions as are provided by this article; but in no case, except
as provided by the following section, shall the court have
authority to suspend the execution of a sentence after the
convicted person has been imprisoned for sixty days under the
sentence. Any person released on probation must participate as a
condition of probation in the litter control program of the county
to the extent directed by the court, unless the court specifically
finds that this alternative service would be inappropriate.
Note: WV Code updated with legislation passed through the 2013 1st Special Session
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