Available 24/7
The criminal defense process for juvenile offenders differs in some key respects.
Charges are issued differently, and arrest and detention are handled differently.
Differences continue through pre-trial proceedings, determination of guilt, and disposition of the case.
Like adult criminal charges, juvenile delinquency proceedings are serious matters. A child may have a Columbia criminal defense attorney representation.
What Qualifies as a Juvenile Offense in South Carolina?
A juvenile offense in South Carolina is one where the accused is under 18, and the case is not an adult court exception. A 17-year-old may automatically be tried in adult court for serious felony offenses. The Family Court can waive a case to adult court for 15-16-year-olds accused of serious felony offenses. A child may be waived to adult court for murder charges at any age or criminal sexual conduct at age 16 or older. There are varying procedures for these different waivers.
Juvenile offenses in South Carolina
State laws generally apply to juveniles and adults alike, but the juvenile criminal defense process is different. In addition, some laws, called status offenses, only apply to juveniles. Truancy and incorrigibility are two examples of status offenses.
Key Differences Between Juvenile and Adult Criminal Courts
| Procedure/Issues | Adult Court | Juvenile Court |
| Arrest | Local jails, prisons | Usually released to parents, may be transferred to one of two juvenile facilities in SC, kept away from adult prisoners |
| Charging | Charged by a solicitor or a uniform traffic ticket issued | Referred to the SC Department of Juvenile Justice, which recommends to the solicitor how to proceed |
| Pre-trial Intervention | Yes, including drug court and pre-trial intervention programs | Yes, but juvenile drug courts are not in all locations; pre-trial intervention programs, arbitration |
| Parent Involvement | No | Yes, notice of court proceedings, may hire counsel or be ordered to reimburse, may be ordered to undergo counseling or other treatment to address issues affecting the child |
| Trial | Right to trial by jury | No right to trial by jury, adjudication by a judge |
| Right to present a defense | Yes, may enter a plea | Yes, may enter a plea |
| Public record | Yes | No |
| Determination of responsibility | Guilt or innocence | Delinquent or not delinquent |
The Role of the Family Court in Juvenile Cases
Juvenile justice cases are usually heard in Family Court in South Carolina. Some traffic offenses are heard in magistrates’ and municipal courts. Serious criminal cases may be waived to adult criminal court in some circumstances.
Purpose
There are several roles in the Family Court administration of juvenile cases in South Carolina:
- Protect the public
- Administer juvenile delinquency cases
- Protect the best interests of the child
- Uphold the law in society
- Rehabilitate the child
- Order services for the protection and assistance of the child
Common Charges Juveniles Face in South Carolina
- Alcohol—possession and consumption
- Shoplifting
- Vandalism, graffiti
- Assault
- Incorrigibility
- Drugs
- Truancy
- Running away, loitering
The Juvenile Criminal Defense Process
When a juvenile is accused of breaking the law, it’s called a delinquency proceeding, rather than a criminal charge. Because the juvenile legal process is different, a different process is needed for a successful criminal defense.
Juvenile courts take a more holistic approach than adult courts do. Adult courts primarily consider whether the person charged committed the offense. The juvenile court looks at a broader view of the entire circumstances.
With one of the primary purposes of delinquency proceedings being rehabilitation of the offender, the court must know the entire set of circumstances to determine the best course of action. The court will take greater care in fashioning the appropriate disposition than would likely be given in adult court.
Arbitration
A key difference for juvenile offenders in their defense is the possibility of arbitration.
Arbitration is only available in juvenile court. Participation is voluntary.
In arbitration, the arbitrator determines the appropriate penalties, sanctions, and rehabilitation for the offender. They may do skill-building and counseling. They may write essays, attend impact panels, tour a jail, pay restitution, and write an apology.
Arbitration diverts the case from a determination of delinquency.
Juvenile Offenders and Criminal Defense
A juvenile criminal defense may involve a hearing, which is similar to a trial. The accused may cross-examine witnesses against them and question the state’s evidence.
They may present their defense.
Legal counsel for a juvenile proceeding
A strong defense may also involve weighing the viability of pre-trial options. It may mean presenting the right information to the court for a favorable disposition. A strong juvenile delinquency defense may involve counseling the child and parents through the proceedings. The attorney can explain how to comply with requirements and minimize the impact of the proceedings on the child and family.
Do Juveniles Have the Same Rights as Adults?
Yes, juveniles have the same rights as adult offenders, including the right to remain silent and legal counsel. At a hearing, the state must prove the case against adults and juveniles beyond a reasonable doubt.
Parents must be notified when juveniles are taken into custody. There is more court oversight over the detention of a juvenile.
Contact a Columbia Criminal Defense Lawyer
If your child is facing juvenile delinquency proceedings, or if they may be referred to proceedings, you need a Columbia criminal defense lawyer. Shealey Law Firm represents juveniles. Contact us now.