Anyone can be arrested and accused of a crime. Even teens and young children may find themselves in trouble with the law. Common juvenile crimes include petty theft, vandalism, drug/alcohol violations, and assault.
Minors enter the juvenile justice system through a referral. A referral can happen in two ways: the youth is taken into custody by law enforcement, or a school refers the child to the South Carolina Department of Juvenile Justice.
There are currently two juvenile detention centers in South Carolina: Charleston and Columbia. Juveniles taken to a detention center will be held there until they have a detention hearing. The judge will decide if the child will be released to a guardian or remain detained. Detention hearings usually happen within 48 hours.
Cases involving juveniles are typically handled in family court, which has jurisdiction over juvenile delinquency matters. However, more serious offenses or older juveniles may be transferred to adult criminal court.
Juvenile criminal defense in South Carolina focuses on protecting minors who are accused of breaking the law and guiding them through the state’s juvenile justice system. These cases are handled differently from adult criminal cases because the primary goal is usually rehabilitation rather than punishment. Here is a look at how juvenile criminal defense works in South Carolina.
Handling the Case
Prosecutors can choose several options for handling the case:
- Dismiss the charges.
- Divert the case to programs such as arbitration or counseling.
- Proceed with prosecution in family court.
Diversion programs are common for first-time, nonviolent offenders and may involve restitution, community service, or counseling.
Adjudication
The juvenile justice system does not use the terms “guilty” and “not guilty.” Instead of a guilty verdict, juveniles are either adjudicated delinquent (meaning it is believed the child committed the crime) or found not responsible for the offense. A juvenile can admit to the charge. Juvenile trials are bench trials, meaning a judge decides the case rather than a jury.
Sentencing
If the juvenile is declared delinquent, the judge may order the following:
- Probation
- Counseling or treatment programs
- Community service or restitution
- Commitment to a juvenile facility until a certain age (often age 21)
Why Juvenile Criminal Defense is Important
Even though juvenile cases focus on rehabilitation, being found delinquent of a crime can still affect a child’s education and employment opportunities. A skilled juvenile defense lawyer can protect a child’s future by:
- Negotiating diversion programs instead of prosecution.
- Challenging unlawful searches or arrests.
- Advocating for rehabilitation rather than incarceration.
- Working to minimize long-term consequences such as criminal records.
Contact Us Today
Teens and children can be impulsive, causing them to get into legal trouble. This is why juvenile criminal defense is important.
If your child is facing legal issues, contact the Greenville juvenile criminal defense attorneys from Watson Fowler Attorneys at Law right away. We will work to protect your child’s future. Contact us via (864) 668-5609 or online here to schedule a consultation today.