Legal Question in Appeals and Writs in West Virginia
probation
I was sentenced to one year probation for battery. In court the judge verbally said ''one year'', but on the paperwork that was sent to me after the sentencing, it says ''six months''. These papers were signed by the judge and notorized and are completely legal. I went into the courthouse to pay on my fines and the clerk said she only has me down for payments for 6 months also. My probation officer says I still have to spend a year on probation because thats what the judge said in court. Does the PO have the jurisdiction to keep me on probation for a year if the signed and notorized court documents say 6 months? She says it was a typo, but like I said, the judge signed it.
1 Answer from Attorneys
Re: probation
In most jurisdictions, what the judge says in court takes precedence over the written order or judgment if they are in conflict. The rule may be different in your state. Hopefully a local attorney will post a response.
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