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YOUR
RIGHTS
A GUIDE TO THE WEST VIRGINIAS
INTRODUCTION
This guide is intended for parents and children in West Virginia who have had contact with the
juvenile justice system or might have contact with the juvenile justice system. It will provide
an overview of the process, from police interactions through sentencing. And, this guide will
advise you of your childs rights during each step.
Ideally, this information is most helpful before your child has any involvement with the juvenile
justice system. Knowing your rights and best practices ahead of time will help keep you or your
child from making a bad situation worse.
This is a guide only. It cannot answer every question or address every situation. Throughout the
process, the most important thing you can do is ask questions. Asking questions will ensure
that you understand what is happening. And, by participating in the process, it shows officials
that you are involved and concerned about your child, which can affect the outcome of a case
against your child.
BASIC PRINCIPLES
OF THE JUVENILE
JUSTICE SYSTEM
Juvenile law is based on the idea that children
THE
POLICE
STOPS AND
ARRESTS
for a short time. Unless the police think that the child
is armed, they cannot search the child or their
belongings. If the child is restrained or not allowed to
leave after a short time, the child is considered under
arrest. Once under arrest, police may search the child
and their belongings. The difference between a stop
and arrest is not always clear, and that is especially
true for children.
INTERROGATIONS
A WORD ON
LAWYERS
THE COURT
PROCESS
SENT TO COURT
When a
child is arrested, the case is sent to the court by the
police or prosecutor. In many cases though, courts get
the childs case through a petition. Petitions are
typically filed by parents, schools, or government
agencies when they believe the child should be charged
with an offense. You will be notified if a case against
your child is referred to the court. You have a right to
know what the charges are.
A DETOUR:
INFORMAL
ADJUSTMENT
PRE-TRIAL
HEARINGS
PLEA BARGAIN
ADJUDICATORY
HEARING
APPEAL
SENTENCING
MULTIDISCIPLINARY
TEAMS
PLACEMENT
Judges
in a room, except for sleeping hours, unless unresponsive to reasonable direction and control.
BEST
PRACTICES
BE IN THE KNOW
Ask questions: It is very important that you under-
stand whats happening. If you dont understand something, ask your childs lawyer, caseworker, probation
officer, or even the judge to explain. If you still dont
understand, ask again. You have a right to know what is
happening and how it will affect your child and family.
Tell your child to ask questions too, so that they can
understand and follow all rules and court orders.
Know what you agree to: Throughout the process
you and your child may be presented with choices.
Social service agencies and organizations may suggest
involving the juvenile justice system. Courts may offer
diversion to your child. Your child may be offered a deal
to plead guilty. Neither you nor your child should sign
anything unless you both fully understand it. Talking
DONT PANIC
No matter where you are in the process, remain calm. A
calm demeanor will help your child who is likely as
scared, confused, and frustrated as you are. Staying
calm will also ensure you do not make a bad situation
worse by making a bad impression on police, the prosecutor, the Multidisciplinary Team, or the judge.
STAY SILENT
Children are given greater protections than adults with
regard to statements they make to police and prosecutors. But the best way for children to protect themselves, and for parents to protect their children, is to
exercise the right to remain silent. Make sure your child
knows to ask for you, and then a lawyer, and not to say
anything else to police. Wait until you are home, or until
you have a lawyer present to discuss your childs situation with them.
FREQUENTLY ASKED
QUESTIONS
GETTING
HELP
If you have specific questions, you should consult with a lawyer.
The following list includes organizations that may be able to
provide assistance to you and your family.
PO Box 3952
Charleston, WV 25339-3952
Phone: (304) 345-9246
Website: http://www.acluwv.org
PO Box 3952
Charleston, WV 25339-3952
Phone: (304) 345-9246
Website: http://www.acluwv.org