West Virginia Pretrial Intervention Agreement
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FAQ
(a) A prosecuting attorney of any county of this state or a person acting as a special prosecutor may enter into a pretrial diversion agreement with a person charged with an offense against the State of West Virginia, when he or she considers it to be in the interests of justice.
W. Va. Code § 49-4-702(b)(2). In truancy and other status offense matters, a referral is not mandatory if the juvenile has a prior adjudication for a status or delinquency offense, or if there is a significant and likely risk of harm to the juvenile, a family member, or the public.
Pretrial is the time period after an individual has been arrested but before they have been convicted of a crime. During this time period, a pretrial services officer will gather information about the defendant through interviews and record checks.
(a) A juvenile, including one who has been transferred to criminal jurisdiction of the court, may not be detained or confined in any institution in which he or she has contact with or comes within sight or sound of any adult persons incarcerated because he or she has have been convicted of a crime or are awaiting trial ...
§49-4-301. Custody of a neglected child by law enforcement in emergency situations; protective custody; requirements; notices; petition for appointment of special guardian; discharge; immunity.
If a juvenile fails to appear in response to a summons served in person upon him or her, an order of arrest may be issued by the court for that reason alone.
Law Enforcement Assisted Diversion (LEAD) is a pre-booking program that allows law enforcement officers to give low-level offenders the opportunity for rehabilitation in the place of incarceration.
W. Va. Code § 49-4-702(b)(2). In truancy and other status offense matters, a referral is not mandatory if the juvenile has a prior adjudication for a status or delinquency offense, or if there is a significant and likely risk of harm to the juvenile, a family member, or the public.
