本页的正文尚未翻译，因此以下内容以英文显示。上方的摘要、标签和安全信息已翻译。
A 15-year-old in Charleston is picked up by police after a fight outside a convenience store, and an officer wants to ask him what happened. West Virginia has a rule that matters right here. At his age, what he tells police in custody generally cannot be used in juvenile court unless his lawyer was there, or a parent was there, agreed, and was told about his rights. The rule is in Section 49-4-701 of the West Virginia Code. It builds on In re Gault (1967), where the U.S. Supreme Court said young people in juvenile court have the right to a lawyer and the right not to incriminate themselves, the same as adults.
Who counts as a juvenile, and when a case can move to adult court
In West Virginia, juvenile cases are heard by the circuit court, using its juvenile jurisdiction (its power to hear cases about young people). If someone was under 18 when the offense happened, the case belongs there, and a case started in adult court gets moved back. After a delinquency finding, the court can keep the case until the young person turns 21.
A transfer to adult court needs a written motion from the prosecutor and a hearing. The state has to prove its grounds by clear and convincing evidence. For some very serious crimes, such as murder, kidnapping, or first-degree arson, the court must transfer a youth who is at least 14 if there is probable cause (enough evidence to believe the crime happened). For other felonies the judge may transfer after looking at the youth's maturity, family, and school record. A young person transferred on that basis can appeal the transfer to the Supreme Court of Appeals of West Virginia.
Talking with police: the age 14 and age 16 lines
West Virginia draws two lines. If you are under 14, statements you make to police or while in custody generally cannot be used in juvenile court unless your lawyer was present. If you are 14 or 15, those statements generally cannot be used unless your lawyer was present, or a parent or custodian was present, agreed, and had been told about your right to a lawyer, your right to a prompt detention hearing, and your right not to incriminate yourself.
There is a narrow exception for res gestae, which means words blurted out as part of the event itself. The law does not give 16- and 17-year-olds this extra rule, though the constitutional rights from Gault still apply.
You can say calmly: 'I want to talk to a lawyer, and I want my parent.' Then stop talking.
Records, curfews, and getting a lawyer
One year after your 18th birthday, or one year after the court's jurisdiction ends, whichever is later, your juvenile records can be moved to a separate confidential file. After that, no one can inspect them without a circuit court order. The law says marking them confidential has the effect of extinguishing the offense as if it never occurred. That does not apply if you were convicted in adult court of one of the most serious crimes listed for mandatory transfer.
Curfews in West Virginia are city ordinances. The state code lets municipal courts hear curfew cases against young people, but those courts cannot send anyone to jail for them.
You have the right to a lawyer at every stage of a juvenile case. If your family cannot afford one, you or your parent can sign an affidavit (a sworn written statement) saying so, and the court must appoint a lawyer. Ask for that at your first hearing.
请记住
- If you were under 18 at the time of the offense, your West Virginia case belongs in the juvenile side of circuit court.
- Under 16, statements to police in custody generally need a lawyer present, or an informed parent who agreed, to be used against you.
- Juvenile records can be made confidential one year after you turn 18, or one year after the case ends, whichever is later.
- If your family cannot pay for a lawyer, the court must appoint one after you sign an affidavit.
资料来源
- West Virginia Legislature: Code §49-4-701, juvenile jurisdiction and right to counsel (在新标签页中打开)
- West Virginia Legislature: Code §49-4-710, waiver and transfer of jurisdiction (在新标签页中打开)
- West Virginia Legislature: Code §49-5-104, confidentiality of juvenile records (在新标签页中打开)
- Legal Information Institute: In re Gault, 387 U.S. 1 (1967) (在新标签页中打开)
本文提供的是一般教育信息，不是针对个人的法律意见。KidsKnowRights 不是律师事务所，阅读本文不会建立律师与当事人的关系。法律因州、年龄和具体情况而异，也会随时间变化。如需针对真实情况的建议，请咨询持照律师或法律援助机构。