No parent wants to get a call from law enforcement informing them that their child has been arrested with a juvenile criminal charge. When it happens, you are likely to be worried about what happens next and the impact of a conviction on your child’s future.
As a parent, the best thing you can do is prepare yourself and your children for encounters with law enforcement officers. Parents can do this by helping their kids understand the juvenile process and their rights. Our juvenile criminal defense lawyers will explain the juvenile justice system and what parents need to know about defending their children.
The Juvenile Justice System in South Carolina
In the state of South Carolina, a juvenile is anyone under the age of 18 accused of committing a crime. However, this definition is subject to some specific conditions.
Children enjoy the same rights as adults alleged to have committed a crime. Some of these rights include the right to remain silent, speak to an attorney before being questioned by law enforcement officers, and the right to an appointed attorney if they cannot afford one.
The South Carolina juvenile system focuses on rehabilitation instead of punishment. Most juvenile cases finish with a referral to a diversion program, which is an alternative to prosecution, or a probationary sentence without jail time.
The South Carolina Department of Juvenile Justice (DJJ) is tasked with providing custodial care and rehabilitation for juveniles who are on parole, probation, incarcerated, or under community placement for status offenses or criminal offenses.
Common Juvenile Criminal Charges and Offenses
Some of the common offenses committed by juveniles include:
- Vandalism
- Assault
- Underage drinking
- Shoplifting
- Drug Possession
- Curfew violations
- Truancy
- Running Away from home
Juveniles can be charged with felony offenses in South Carolina. To be charged with a felony, the juvenile must be 16 years or older. In such cases, the alleged offender is tried as an adult.
The Juvenile Court Process in South Carolina
Step-by-step guide to the juvenile court process:
- Arrest: When an under-age person is suspected of committing a crime in South Carolina, they can be taken into custody by law enforcement or be summoned to appear in court.
- Detention Hearing: Juvenile suspects may be detained awaiting trial if they are deemed a risk to the public. A detention hearing must be heard within 48 hours (excluding holidays and weekends) of the juvenile being taken into custody. The hearing determines whether there is probable cause to justify detention.
- Adjudication: If the case goes to trial, a family court judge will determine whether the minor committed the offense or not. During an adjudication hearing, the accused minor can deny or admit to the charges in the petition. The minor has a right to trial, and the prosecution has the right to prove that the child committed the offense beyond any reasonable doubt.
- Disposition: This is the final phase of the juvenile court process. During this hearing, the judge listens to the case and determines the appropriate sentence for the guilty party. Possible outcomes here include Detention, probation, diversion programs, and community service.
Cases involving juveniles go through a bench trial – instead of a jury trial like those involving adults. If the child is found guilty, it is upon the judge to decide upon a suitable punishment.
Potential Consequences of a Juvenile Criminal Charge
Minors in South Carolina can be accuses with various juvenile criminal charges and offenses, ranging from misdemeanors to felonies. Short-term consequences for these offenses include fines, community service, detention, and probation.
A juvenile record can also lead to a variety of long-term consequences, including an impact on future opportunities, employment, and education.
If a minor is found guilty of a juvenile offense, this can negatively impact their access to various benefits and programs, including subsidized housing. A juvenile record can also impact a minor’s driving license.
Juveniles Tried as Adults: When and Why it Happens
In some cases, juveniles can be tried as adults in South Carolina for juvenile criminal charges. Minors of any age can be transferred to adult court if the prosecution successfully argues the crime involved qualifies for adult-level punishment.
Circumstances in which juveniles can be tried as adults include:
- Violent crimes like criminal sexual conduct and murder
- Felonies and misdemeanors punishable by a maximum of 10 or more years in prison
- Carrying weapons or dealing drugs on school premises
Judges normally consider a few important factors when determining whether a case should be transferred to adult court.
They include:
- Nature of the offence
- Age of the minor
- Viability of rehabilitation option in the juvenile justice system
- Maturity and sophistication of the juvenile
It is worth mentioning that judges have the discretion to choose which cases are transferred from juvenile to adult court. When juveniles are transferred to adult court, they face the same punishment as adult offenders. This has serious consequences, including harsher penalties (long prison sentences) and an adult criminal record.
The Importance of Legal Representation for Juvenile Criminal Charges
When your child is accused of a juvenile offense, it is important to have a qualified attorney on your side. A seasoned lawyer can dig into your child’s case to determine what happened and devise a viable course of action for a juvenile criminal charge.
Given their in-depth understanding of the South Carolina juvenile justice system, an experienced lawyer can negotiate plea deals, advocate for rehabilitation-focused solutions, and fight for your kid’s future.
Options for Rehabilitation and Diversion Programs
Some of the programs focused on helping juvenile offenders avoid future juvenile criminal charges or behavior include:
Educational programs
- Counseling
- Drug treatment
- Community service
In the state of South Carolina, many minors who complete their court-ordered programs may be eligible to have their juvenile record erased or expunged.
Expunging Records of Juvenile Criminal Charges and Convictions
Upon turning 18, a person can petition for expungement of their juvenile record. To qualify for expungement, the individual must have completed their sentencing requirements and not been arrested again.
It is worth noting that violent crimes are not considered for expungement. Expungement allows juveniles to move forward in their lives without having a lasting criminal record.
Call JJWLS To Speak to a Trusted Lawyer About Juvenile Criminal Charges Today
Minors suspected of committing a crime in South Carolina are processed through the juvenile justice system. This system is designed to focus on education and rehabilitation instead of punishment.
As a parent, it is important to understand juvenile criminal charges – especially because serious offenses can lead to harsher penalties. If your child is facing juvenile charges in South Carolina, having a qualified attorney by your side is crucial. A seasoned lawyer can help your child understand their rights and the legal process.
At Johnson, Johnson, Whittle, Lancer, and Staggs (JJWLS), we can provide guidance and safeguard your child’s future. If your child is facing juvenile criminal charges in Aiken, South Carolina, call (803) 649-5338 to schedule a consultation.
