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South Carolina’s criminal justice system treats juvenile offenders differently. Shealey Law Firm explains how.
Key Differences from Adult Court
- Jury Trial – There’s no right to a jury trial in juvenile court. A judge adjudicates guilt or innocence.
- Detention – Juveniles who are detained are kept in separate facilities from adults. They may be kept with adults temporarily, but only for up to six hours. Juvenile arrest rights require a hearing within 48 hours of detention, excluding weekends and holidays.
- Involvement of Parents – The child’s parent or guardian are notified of the allegations; parents or guardians have significant involvement in the case including attending the adjudicatory hearing.
- Public Hearings – Juvenile justice proceedings are generally not open to the public; only those with an interest may attend.
- Terminology – A charging document is a petition in juvenile cases, rather than an indictment or citation. The hearing to determine guilt or innocence is an adjudication, and not a trial. There are some other differences in terminology.
- Sentencing Differences – Juveniles are usually given probation, but they may be detained for up to 90 days per offense. A juvenile may also be given indeterminate detention up to their 22nd birthday.
The Role of the South Carolina Department of Juvenile Justice (DJJ)
The DJJ is the South Carolina Department of Juvenile Justice. It’s the state agency that administers the juvenile justice system, including youth incarceration and community supervision. There are regional centers that provide evaluations for youth petitions. There is a centralized detention center and long-term custodial facility.
DJJ also provides victim services for juvenile offenses. They also have youth prevention and outreach programs. The DJJ states that their mission is prevention and rehabilitation.
Understanding Juvenile Court Proceedings: How the Process Works
Juvenile court proceedings start when law enforcement learns that a juvenile may have committed a delinquent offense. They may investigate, and sometimes, a juvenile is taken into custody.
The local solicitor is usually the one who decides how to proceed with a juvenile petition; this is like deciding whether to prosecute in adult court. The solicitor may consider information other than whether the juvenile is guilty and the ability to prove the case, such as what’s best for the community and the victim. If the juvenile is charged, the solicitor submits a petition, and parents or guardians are notified.
Rights for Juvenile Offenders
A juvenile has many rights like an adult facing criminal charges. For example, they have the right to a hearing to determine guilt or innocence. The burden of proof is beyond a reasonable doubt. A juvenile may confront witnesses against them. Plea bargains are allowed. A hearing to determine the guilt or innocence of a juvenile is called an adjudication.
If the juvenile pleads guilty or is found guilty, they may be given probation. They may be placed in juvenile custody for a set period of time or for an indeterminate period, up to age 22. A sentencing hearing is called disposition. A predisposition evaluation can advise the court regarding an appropriate disposition.
Juveniles have trial and appeal rights. They will be found not guilty if the burden of proof is not met of the allegations against them. If found not guilty, records will be expunged, if there is not a disqualifying reason.
How Old is Juvenile Court in South Carolina?
Generally, offenders up to age 18 are referred to juvenile court. However, some serious offenses are initiated in adult court when the offender is 17. Other serious offenses begin in juvenile court, but may be waived to adult court.
The Importance of Rehabilitation Over Punishment in Juvenile Cases
The juvenile system focuses on rehabilitation over punishment. Most juvenile offenders are placed on probation rather than placed in detention. There are diversion and education programs to help young people remain crime-free and thrive in their communities.
Rehabilitation is an important focus of juvenile cases along with public safety and victim rights.
Arbitration is a diversion program for non-violent juvenile offenders. The purpose of the program is accountability for offenders, skill building to prevent additional contact with law enforcement, and the interests of public safety. Requirements may include counseling, education, essay and apology writing, and victim impact panels.
How a Juvenile Criminal Record Can Affect Future Opportunities
Consequences for juvenile offenders can last for years following court proceedings. A person with a juvenile adjudication of guilt may experience:
- Driver’s license suspension
- Disqualification from the military
- Employment restrictions
- Trouble accessing public housing
- School suspension and other discipline
- Sex offender registry
- DNA samples taken
- Rejection from professional licensing
- Immigration status consequences
- Harsher sentencing for additional offenses as an adult
In addition, a child may face incarceration and requirements of probation. Don’t underestimate the potential consequences of a criminal conviction. Always contact a lawyer if your child is facing an investigation or petition.
Contact Us if Your Child Is Charged with a Crime in South Carolina
Is your child charged with a crime in South Carolina? Our lawyers know how the South Carolina justice system treats juveniles differently.
We protect the rights and futures of the young people that we represent. Contact us today to talk about your child’s situation.