Morgantown Juvenile Delinquency Lawyer

Morgantown Juvenile Delinquency Attorney

Today, there are more opportunities for minors to engage in dangerous or threatening behavior. With so much of their life ahead of them, minors may not be aware of the more severe consequences of their actions. Offenses that seem innocuous or inconsequential to them, like online threats, can get them into serious trouble, and they can face legal penalties. A Morgantown juvenile delinquency lawyer can help you defend against these legal charges.

At Crowe Law, LLC, our experience in criminal defense and knowledge of minor-specific court proceedings makes us an invaluable asset for minors facing penalties. Whether you have committed an offense that harmed or threatened another person or engaged in illegal activities privately, we are committed to helping you get your life on the right track with compassionate and comprehensive representation.

The Rights of Juveniles

In court proceedings, minors are subject to similar rights as adults, with some particular protections included. Like adult trials, the rights protected in juvenile delinquency trials are:

• The right to counsel – Minors have the right to be represented by a court-appointed attorney if they are not represented by a private one.
• Proof beyond a reasonable doubt – The charges against a minor must be proven beyond a reasonable doubt for the minor to face penalties of incarceration/confinement.
• Notice of the charges – The state must notify minors of the delinquency charges against them in the form of a charging document or petition.

Status Offenses vs. Delinquent Offenses

A juvenile can be charged with two types of offense: status offense and delinquent offense. The difference between these lies in who it is considered a crime for. Delinquent offenses are acts that are considered crimes, whether they are committed by an adult or a minor. A status offense is only considered a crime when it is committed by a minor. Status offenses can include:

• Truancy
• Violating local curfews
• Underage possession and consumption of tobacco or alcohol

Juvenile Delinquency and Social Media

With the rise of social media, it’s more accessible than ever for minors to engage in criminal activity without in-person consequences. Many are emboldened by the protection, sometimes anonymity, that online platforms can give them. Cyberbullying, specifically, can lead minors to violence or online threats of violence toward their peers. These threats, ranging from violence against individuals to terroristic threats against schools, can have serious legal consequences.

How Are Juveniles Tried in Court?

In West Virginia, minors are not entitled to a trial by jury if the offense they committed is not eligible for a punishment that includes confinement. This could be because of the statutory penalty for the offense, or because it is ruled before the adjudication that the court will not impose confinement. Status offenses are not entitled to a trial by jury.

If an adult would have committed the same offense and been exposed to incarceration, a juvenile may be entitled to a trial by jury. Like an adult trial, there would be a 12 person jury. Minors are also entitled to legal representation that can be provided by the court if they do not have their own.

Penalties for Juvenile Delinquency

Penalties vary based on the type of offense you commit. Status offenses usually have penalties different from delinquent offenses, which do not include confinement. Juveniles may be ordered to:

• Pay fines up to $100 per offense
• Work community service
• Attend counseling or education programs
• Participate in community programs
• Endure a driver’s license suspension

Why You Should Hire a Juvenile Delinquency Defense Attorney

It is easy to lose sight of the full scope of your future. Being charged with a crime or offense as a minor brings legal consequences that can follow you throughout life. Equipping yourself with strong representation can help you avoid serious penalties.

FAQs

What Is the Code for Juvenile Delinquency in West Virginia?

In West Virginia, the code for juvenile delinquency is §49-4-701. This code covers the rights of minors, constitutional guarantees, requirements, and use of evidence during juvenile court proceedings. It does not cover the rights of adults during court proceedings except when they pertain to an offense committed when they were minors. This falls under the child welfare section of the West Virginia Code.

What Is the Standard of Proof Required in Juvenile Delinquency Proceedings?

In juvenile delinquency proceedings, the standard of proof is that the charge a minor faces must be proven beyond a reasonable doubt. This is the case for both delinquent offenses and status offenses, which can incur different penalties. A juvenile delinquency defense attorney can help you build a compelling case to present to the court and minimize the penalties you face.

What Is Contributing to the Delinquency of a Minor in West Virginia?

Contributing to the delinquency of a minor occurs when an adult knowingly or willfully encourages a minor to commit delinquent offenses. This can look like an adult goading a minor into the act or providing them the materials for the act. Adults can be charged with contributing to the delinquency of a minor even if the minor is not actually delinquent. The penalty in West Virginia is between $50 and $500 and/or a confinement of up to one year.

What Are the Maximum and Minimum Ages for Juvenile Court Jurisdiction for Delinquent Acts in West Virginia?

The maximum age that West Virginia has jurisdiction over in a juvenile delinquency court case is 18, although there is an exception that may extend this period. A person can be tried past the age of 18 for truancy as a juvenile until one of the following occurs:

• The person completes high school or an equivalent program
• The court relinquishes jurisdiction
• The person turns 21

Additionally, an adult may be given juvenile jurisdiction if their offense occurred while they were a minor.

Contact a Juvenile Delinquency Lawyer

If you or your child are in need of legal counseling while you navigate a juvenile delinquency charge, do not hesitate to reach out to a Morgantown juvenile delinquency lawyer at Crowe Law, LLC. Contact us to find out how we can protect your rights and defend your case.