Juvenile Defense Attorney in Martinsburg

Your Ally in Navigating Juvenile Defense  in West Virginia

At The Criminal Law Center, we understand the stress and uncertainty that come with juvenile criminal charges. Our dedicated team in Martinsburg offers compassionate, informed guidance to families navigating this complex legal landscape. With over 65 years of combined experience, we stand ready to defend your child's future.

Juvenile cases can impact more than just legal status—they affect the social and educational future of your child. In Martinsburg, the juvenile justice system emphasizes rehabilitation over punishment, which can influence how charges are handled and resolved. 

Schools and the local community often play a role in restorative processes that aim to reintegrate the juvenile constructively. Therefore, understanding the local societal context aids in strategizing more effectively. We leverage our deep knowledge of the Martinsburg juvenile justice landscape to craft defenses that not only address charges but also aim for outcomes that support reintegration and long-term growth.

Facing a juvenile crime charge? We offer free consultations and affordable services. Contact a juvenile defense attorney in Martinsburg to protect your child's future by calling (304) 262-9300 or reaching out online—available 24/7.

Understanding Juvenile Crime Laws in West Virginia

In West Virginia, the laws governing juvenile crimes are found primarily in the West Virginia Code, Chapter 49. The law defines a juvenile as a person who is under the age of 18 at the time of the alleged offense. The juvenile justice system operates under the principle that children should be treated differently than adults, with a focus on rehabilitation rather than punishment. 

However, a juvenile can be "transferred" to stand trial as an adult under certain circumstances, such as for a serious felony offense. The judge will consider several factors, including the juvenile's mental and physical condition, maturity, emotional attitude, and home environment, before making a decision.

A knowledgeable Martinsburg juvenile crimes defense lawyer will meticulously analyze the specific statute under which your child is charged to build a strong defense.

Key Elements the Prosecution Must Prove

To secure a finding of "delinquency" or "status offense," the prosecution must prove, beyond a reasonable doubt, the following elements:

• Delinquent Act: This is the equivalent of a crime in the adult system. The state must prove that the juvenile engaged in an act that would be a crime under state law if committed by an adult. Examples include theft, assault, and drug crimes.
• Status Offense: This is a lesser offense that applies to acts that are not crimes but are considered to be a risk to the child's well-being. Examples include truancy, incorrigibility (habitual and continual refusal to respond to the lawful supervision of a parent), and underage possession of alcohol or tobacco.
• The Child's Age: The state must prove that the child was under the age of 18 at the time of the alleged offense.

The prosecution's case often relies on the testimony of the alleged victim, other witnesses, and complex forensic evidence. As a seasoned juvenile defense attorney in Martinsburg, we will challenge the government's evidence at every turn, scrutinizing the methods used to collect and analyze the evidence and questioning the credibility of their witnesses.

Penalties of a Juvenile Crime Conviction in West Virginia

A finding of delinquent conduct can have a profound and lasting impact on a child's life. The penalties a court can impose are only part of the story. Our role as your juvenile defense attorney in Martinsburg is not only to fight the direct penalties but also to help you understand and mitigate the long-term collateral consequences that can affect your child's future.

The direct legal penalties for a juvenile offense are different from the adult system. The focus is on rehabilitation and supervision, but the penalties can still be severe.

• Probation: A common disposition is probation, which can last for several years and require the child to adhere to strict conditions, such as school attendance, curfews, and counseling.
• Commitment to the Division of Juvenile Services: For a serious delinquent act, a child can be committed to a juvenile correctional facility.
• Fines and Restitution: The court can impose fines and order the child to pay restitution to the victim.
• Mandatory Counseling: The court can order the child to attend a variety of programs, such as anger management, drug and alcohol counseling, or an educational program.

Collateral Consequences

A juvenile record can follow a child into adulthood and can create significant barriers to employment, housing, and educational opportunities. Many employers and professional licensing boards conduct background checks, and a juvenile record, even if sealed, can be a red flag.

Additionally, a juvenile record can affect a child's ability to get into college, as many universities and colleges ask about past criminal activity. The social stigma attached to these crimes can also damage a child's reputation and personal relationships.

The West Virginia Criminal Defense Process for Juvenile Crime Charges

Navigating the West Virginia juvenile justice system can be confusing and overwhelming. The process is different from the adult criminal system, and it requires a defense team with a deep understanding of the unique rules and procedures. Our firm provides a clear, step-by-step guide and will be with you at every stage, ensuring you understand your rights and your options. 

We are an assertive Martinsburg juvenile crimes defense lawyer who will be your unwavering advocate from your initial contact with law enforcement to the final resolution of your case.

1. Investigation and Referral to Juvenile Court: The process begins when a law enforcement officer or another authority refers a child to the juvenile court. This referral is similar to a criminal complaint in the adult system.
2. Detention Hearing: If the child is detained, a detention hearing must be held. This is a critical hearing where a skilled juvenile defense attorney in Martinsburg can argue for your child's release.
3. Preliminary Hearing: This is a critical stage where a judge will determine if there is enough probable cause to send the case to trial. This is an important opportunity for us to cross-examine police officers and witnesses and to challenge the state's evidence early in the process.
4. Adjudication Hearing: This is the equivalent of a criminal trial. The judge, not a jury, will hear evidence and determine whether the child engaged in the alleged delinquent conduct. The standard of proof is "beyond a reasonable doubt," the same as in the adult system.
5. Disposition Hearing: If the child is found to have committed a delinquent act, a disposition hearing will be held. This is the equivalent of a sentencing hearing. The judge will consider the child's history, the nature of the offense, and the recommendations of the probation department to determine the appropriate disposition.
6. Transfer Hearing: If the prosecutor believes that a child should be tried as an adult, they can request a transfer hearing. This is a critical hearing where we will fight to keep your child in the juvenile system.