West Virginia Code § 62-12-3

Suspension of sentence and release on probation
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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 aend 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, sharll 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 fintds that this alternative service
would be inappropriate.

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