West Virginia Code § 49-4-709

Right to jury trial for juveniles; inapplicability
Open in Lexace · Ask the AI about this section
(a) In a proceeding under this article, the juvenile, the juvenile's counsel or the juvenile's
parent or guardian may demand, or the judge on his or her own motion may order a jury trial
on any question of fact, in which the juvenile is accused of any act or acts of delinquency
which, if committed by an adult would expose the adult to incarceration.
(b) A juvenile who is charged with a status offense or other offense where incarceration is
not a possibility due either to the statutory penalty or where the court rules pretrial that a
sentence of incarceration will not be imposed upon adjudication is not entitled to a trial by
jury. u
(c) This section is inapplicable to proceedings held pursuant to section seven hundred
sixteen of this article.
(d) Juries consist of twelve members.

‹ Prev All West Virginia sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.