Prosecutor's Office 77 Fairfax Street, Suite 2A Berkeley Springs, WV 25411 Phone: (304) 258-8620 |
Acts which would be criminal if committed by an adult are called acts
of juvenile delinquency when committed by a juvenile under the age of
eighteen. Cases against juveniles proceed through the system much like
cases against adults. Yet, there are several differences in terminology.
Juveniles are charged with a juvenile petition, which
alleges an act of juvenile delinquency, instead of an arrest warrant
or indictment. Juveniles are then arraigned by the juvenile
court referee/Magistrate Juveniles who “plead guilty”
to an act of juvenile delinquency admit the allegations
in the petition. Juveniles who “plead not guilty” deny
the allegations in the petition. A preliminary hearing may be set for
hearing before the referee/Magistrate. If the case is deemed to be provable
and serious, it will be referred to a Circuit Judge, who will set an
adjudicatory hearing, which will result in a finding
that the juvenile is or is not a juvenile delinquent. Following adjudication,
a dispositional hearing will be set. At that time,
the judge will determine the appropriate disposition for the case. Dispositions
may include, probation, residential placement, or counseling, as the
judge determines is appropriate.
On occasion, jurisdiction for cases involving juveniles who have committed particularly serious offenses or who have a history of violence may be transferred to an adult court. This requires the filing of a petition by the prosecuting attorney and a finding by the court that the juvenile justice system cannot help the juvenile.
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