West Virginia § 49-4-709 - 49-4-709. Right to jury trial for juveniles; inapplicability.
Full text of West Virginia West Virginia Code § 49-4-709 — 49-4-709. Right to jury trial for juveniles; inapplicability., with citation guidance and answers to common questions.
§ 49-4-709. 49-4-709. Right to jury trial for juveniles; inapplicability.
(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.
Source: official West Virginia text · Last verified 2026-08-27
Frequently Asked Questions About West Virginia § 49-4-709
What does West Virginia Code § 49-4-709 cover?
Section 49-4-709 ("49-4-709. Right to jury trial for juveniles; inapplicability.") is part of the West Virginia Code, the codified statutory law of West Virginia. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite West Virginia § 49-4-709?
A common citation format is "West Virginia Code § 49-4-709" (West Virginia). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of West Virginia law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the West Virginia official source linked on this page or consult a licensed West Virginia attorney.
How does West Virginia § 49-4-709 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in West Virginia can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in West Virginia.