First-Offense Underage Alcohol Possession by a West Virginia Juvenile

Attorney Answer

On a first juvenile alcohol adjudication in West Virginia the court penalty is small — up to eight hours of community service or a fine of up to $25. The real work here is keeping the case out of court entirely and managing the school's discipline, which is likely to be the larger consequence.

Because your daughter is 15, the matter proceeds in juvenile court, where W. Va. Code § 49-4-713, "Graduated penalties for juvenile alcohol consumption," sets the first-adjudication penalty at community service of not more than eight hours or a fine of not more than $25, or both.

Which underlying offense is charged depends on what the beverage was, and this is worth checking against the paperwork. W. Va. Code § 11-16-19(a)(1) provides that "Any person under the age of twenty-one years, who purchases, consumes, sells, possesses or serves nonintoxicating beer is guilty of a misdemeanor," with a first offense punishable by a fine up to $500 or confinement up to 72 hours or both, or probation up to one year in lieu of fine and confinement. W. Va. Code § 60-3-22a, "Unlawful acts by persons," covers a person under 21 who misrepresents their age, presents false evidence of age, or illegally attempts to purchase alcoholic liquors — a first offense carries a fine up to $50 or up to 72 hours in jail or both, or probation up to a year in lieu. Note the difference: the beer provision reaches simple possession, while the liquor provision is aimed at misrepresenting age and attempting to purchase. Read the code section written on the citation.

The most valuable path is diversion, and there is a specific statute for it. W. Va. Code § 49-4-702, "Prepetition diversion to informal resolution; mandatory prepetition diversion program," routes eligible first-time juvenile matters to informal resolution before any petition is filed, and W. Va. Code § 49-4-716 provides for teen court as an alternative. If a petition has already been filed, W. Va. Code § 49-4-708 allows a motion for a preadjudicatory community supervision period of up to one year, after which the proceedings are dismissed if the terms are met. The prepetition window under § 49-4-702 is the better one, and it closes once a petition is filed — which is why the phone call below should happen this week.

School discipline is a separate track. It runs on the county board's policy, not on the juvenile code, and it can proceed on its own schedule regardless of what the court does.

What you can do

1. Get the citation or referral paperwork and write down the exact code section charged. If it says nothing, call and ask. 2. Call the juvenile probation office or the prosecuting attorney's juvenile division in your county and ask whether prepetition diversion under W. Va. Code § 49-4-702 or teen court under W. Va. Code § 49-4-716 is available. Ask now, before a petition is filed. 3. Enroll her in an alcohol education or assessment program voluntarily and immediately. Completed is worth far more to a prosecutor or a probation officer than promised. 4. Ask the school in writing for the specific policy she is charged with violating, the discipline range, and the appeal process. Attend any hearing and bring the enrollment or completion certificate. 5. Tell her not to discuss the incident with school staff, officers, or a probation officer without you and, ideally, a lawyer present. 6. If a petition has already been filed, ask counsel about a preadjudicatory community supervision period under W. Va. Code § 49-4-708, which ends in dismissal if she meets the terms. 7. Retain or request juvenile defense counsel. Juvenile records are not automatically invisible later, and a dismissal is worth more than a small fine.