Youth Transfer to Adult Status Checklist
See the below checklist for a Youth transfer to Adult status checklist.
- Read West Virginia Code, rules, annotations, case law. West Virginia Code 49-4-710, West Virginia Rules of Juvenile Procedure, Rule 20.
- Challenge the statute, unconstitutional, ambiguous.
- Challenge the state's motion, incomplete, substance and form.
- Attempt to enter plea of denial/not guilty. West Virginia Code 49-4-710 (b), West Virginia Rules of Juvenile Procedure, Rule 17.
- Psychological evaluation of client, cognitive functioning, IQ, adolescent brain development, available remedial services, amenable to treatment, studies by experts.
- Terminology in pleadings and presentation: use the word “child”, child's name, use “youth” rather than juvenile, whenever possible. You can use boy or girl, except for calling a black child boy. DO NOT use respondent, young man, young woman.
- Cross examination of state’s witnesses, argue not full and meaningful cross examination, and confrontation as contemplated by the 6th amendment.
- Client testimony, evaluate decision carefully and be fully prepared, limit to issues regarding transfer.
- Witnesses in support of opposition to transfer, investigate thoroughly
- Display the physical stature of child, especially if slight build, small for age, never had to shave in his life, feet don’t touch floor when seated.
