West Virginia § 49-4-709 Right to jury trial for juveniles; inapplicability

West Virginia Statutes

§ 49-4-709 — Right to jury trial for juveniles; inapplicability

West Virginia § 49-4-709

Ch. 49CHILD WELFARE

Art. 4COURT ACTIONS

This text of West Virginia § 49-4-709 (Right to jury trial for juveniles; inapplicability) is published on Counsel Stack Legal Research, covering West Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

W. Va. Code § 49-4-709 (2026).

Text

(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.

(c)This section is inapplicable to proceedings held pursuant to section seven hundred sixteen of this article.

(d)Juries consist of twelve members.

Free access — add to your briefcase to read the full text and ask questions with AI

(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.

(c) This section is inapplicable to proceedings held pursuant to section seven hundred sixteen of this article.

(d) Juries consist of twelve members.