JUVENILE DEFENSE

West Virginia Code § 49-4-701 provides the Circuit Court has jurisdiction over delinquency cases. Your child has rights at each stage of the proceeding in a juvenile delinquency case. When he served as a Circuit Court Judge, Paul presided over numerous juvenile proceedings and is familiar with the practice.  If you have questions and want to protect your child’s future, call Paul to discuss your child’s case.

Has your child been charged with a crime?

  • Have you retained counsel for him or her?

    Your child may be appointed a lawyer by the Court. However, you are free to retain counsel for your child as well. When you seek counsel, it is important that you have all documents provided by the Court with you.  In the event that you have multiple children charged with the same event it is important to consider having separate counsel for each child.

  • Could my child be charged as an adult?

    Depending upon the age of your child and the severity of the charge, a juvenile can face prosecution as an adult.  Having a lawyer who understands transfer hearings is vital to protecting your child’s ability to stay in “juvenile jurisdiction.”  If the case stays in “juvenile jurisdiction,” it does not “hit Google” (as the proceeding stays confidential and cannot be posted on the internet like felonies would be) and your child’s maximum exposure for incarceration is capped at age 21.  These are just two of the many benefits of keeping your child’s case from going to “criminal jurisdiction.”  Of course, if your child is charged with a minor traffic offense (speeding, failure to yield the right-of-way), that case will proceed in the traditional form as though he or she were an adult.

  • What are the possible penalties if my child is found to be delinquent?

    In juvenile cases, children are not found “guilty” or “not guilty,” but are “delinquent or “not delinquent.”  The penalty for the crime for which he or she is charged with committing will determine in large part what the potential penalty is.  Although your child cannot be sent to prison until he or she reaches 18, as a last resort children can be placed in detention.  

  • Will this prevent my child from getting a job, going to college, or entering the military?

    The stated purpose of the juvenile jurisdiction of the court is to “give juveniles access to opportunities for personal and social growth, while promoting public safety and reducing juvenile offenses.”  In other words, the goal when a child does commit a crime is to put that child back on the straight and narrow.  You may ask, “What if my child is innocent?”  In that case, it is important to have counsel that is willing to fight for your child.

  • Don’t all children just get probation?

    The short answer is, “No!” Most children may get probation; however, there are many instances in which the Court will not find that probation is a reasonable alternative.  In those cases involving multiple charges or more serious offenses, it is important to have a lawyer who understands the juvenile jurisdiction of the courts and possible alternatives to a juvenile detention center.

  • Do I need counsel, or just my child?

    You may think that a lawyer’s favorite answer is “it depends.”  While that seems trite, “it depends” is often the correct answer. Each set of facts is different.  In many cases, the parents do not need counsel.  In most cases, the lawyer representing the child will act as though he or she represents both.  However, in some situations, counsel for both are needed. 

  • What is this going to cost?

    Your first consultation with Paul is free.  He will advise you as to the course of action he recommends and provide you with a proposed fee agreement.

Contact Paul

paul@gwaltlaw.com
Direct: (304) 290-2315