Are there any special considerations in criminal defense cases involving juveniles?

Yes, there are special considerations for criminal defense cases involving juveniles in West Virginia. For example, juvenile offenders are entitled to protections from the West Virginia Rules of Juvenile Procedure and the United States Constitution. Depending on the type of offense, juveniles might be eligible for probation or community-based services instead of jail time. Juveniles in West Virginia may also be tried as adults in certain circumstances, such as when serious violent felonies are committed. The age of majority in West Virginia is 18, meaning that individuals younger than 18 are treated differently when it comes to criminal defense law. In criminal defense cases involving juveniles, lawyers in West Virginia are required to work in the best interest of the juvenile’s welfare. This means that attorneys should seek to minimize the consequences to the juvenile in order to give them the best chance of rehabilitation. A juvenile’s record may be expunged in certain cases, allowing them to avoid the long-term consequences of a criminal record. In many cases, juveniles can be found not guilty by reason of mental disease or defect, meaning that the juvenile’s crime was a result of mental illness. In this case, the juvenile is typically committed to a state institution for treatment. Finally, juveniles may be eligible for Juvenile Drug Court in West Virginia where they will receive treatment for their addiction instead of jail time.

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