West Virginia Criminal Defense Legal Questions

Laws concerning police questioning of juveniles vary from state to state. The Supreme Court has held that juveniles who are arrested, like adults, must be given their Miranda rights. It has not held that juveniles can only be questioned in the presence of their parent or guardian. Miranda rights apply to interrogations in a custodial setting -- those in which a reasonable person would not feel free to leave. Before asking questions of a detained person, police are required to tell them that they have the right to remain silent, the right to have a lawyer present during questioning, the right to appointed counsel if they cannot afford a lawyer and that if they choose to answer questions, anything they say may be used against them in court. In addition, police must advise that they can stop answering questions and ask to speak to a lawyer at any time during the questioning. State laws pertaining to questioning juveniles focus on whether a juvenile is capable of understanding and waiving their Miranda rights when being questioned in a custodial setting. For a waiver of Miranda rights to be valid, the juvenile must have the ability to understand the Miranda warnings, his or her right to remain silent and the consequences of waiving these rights. In some states, the law presumes that a juvenile may not validly waive Miranda rights if they are under a certain age or before being afforded the opportunity to consult with a parent or guardian. Examples are Iowa, Kansas, Massachusetts, Montana, New Jersey, New Mexico, and Washington. In other states, with limited exceptions, the law presumes a juvenile under a certain age cannot waive his Miranda rights unless a parent, grandparent, guardian or other adult advisor is present during questioning. These include Colorado, Indiana, North Carolina, North Dakota, Oklahoma, and Vermont. The remaining states, including your state of West Virginia, and the District of Columbia, use what is called a "totality of the circumstances" test to decide if a juvenile has validly waived his or her Miranda rights. The court considers a variety of factors to determine whether the juvenile's waiver (and any subsequent statements) were made knowingly, intelligently and voluntarily. While the factors vary from state to state, they generally include a consideration of personal characteristics, such as age, level of education and mental state, as well as whether a parent or adult representative was present and whether the child has prior experience with the legal system or police. Details of the interrogation are also considered, such as how long it lasted, whether it was accusatory in nature and what kinds of police tactics were used. After assessing these factors, the court will decide whether the juvenile's waiver was voluntary and whether the juvenile sufficiently understood both his rights and the consequences of giving them up.... Read More

The short answer is yes. If the police or prosecutor believe you committed more than the single controlled substance delivery with which you are charged, they have until the expiration of the statute of limitations to charge you for them. They also may be able to charge you with additional crimes, such as conspiracy. The statute of limitations differs from state to state. For federal drug crimes, the statute of limitations is five years. Police often urge those they arrest for drug offense to cooperate and provide information against others in exchange for them recommending either a charge or sentence concession to the prosecutor. They are within their rights to do so. However, plea bargains are only binding when made by a prosecutor. Police officers may tell you they will recommend a certain disposition to the prosecutor, but the final decision is up to the prosecutor. It is your right to reject such an offer and insist on a jury trial at which the prosecution has to prove each and every element of the charge or charges against you beyond a reasonable doubt. Before agreeing to relinquish this important constitutional right by pleading guilty and cooperating, I recommend you consult an experienced criminal defense lawyer in your jurisdiction. He or she will review the facts of your case with you and advise you as to your chances of prevailing at trial. Similarly, he or she will be able to evaluate the likelihood of additional charges being brought against you if you refuse an offer to plead to a single offense and cooperate against others, and the potential penalties for them.... Read More