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Thursday, April 29, 2010

Probable cause-evidence sufficient to warrant an arrest or search and seizureAdult-a fully developed person from maturity onwardThis rule applies to juvenile proceedings where a transfer to criminalJurisdiction is sought pursuant to the provisions of West Virginia Code § 49-5-10.Any transfer motion made by the prosecuting attorney shall beFiled and served at least eight days prior to the adjudicatory hearing. The motion mustState, with particularity, the grounds for the requested transfer, including the statutoryBasis relied upon as set forth in West Virginia Code § 49-5-10.No inquiries relative to admission or denial of the allegations contained inThe petition or the demand for a jury trial may be made of the juvenile until the court hasDetermined whether the proceedings will be transferred to criminal jurisdiction.The juvenile, the juvenile's counsel, and the juvenile's parents or legalGuardians shall be provided notice of the transfer motion at the time of filing and theHearing date.. A hearing shall be held within seven days of the filing of the motion toTransfer. The court may continue the hearing for a reasonable period of time

Curtis J

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