When minors in South Carolina commit crimes, the legal system handles their cases differently from those of adults.
Juvenile justice is designed with rehabilitation, rather than punishment, as the primary goal. It aims to help young offenders learn from their mistakes and avoid future criminal behavior.
Understanding how the juvenile system works is important for parents, guardians, and anyone involved in a juvenile case.
This article explores the juvenile justice process in South Carolina, including what happens when minors break the law, the legal protections they receive, and the potential consequences they may face.
What is “Juvenile Law” in South Carolina?
In South Carolina, individuals under 18 are generally considered juveniles for criminal prosecution purposes. But, there are some exceptions to this general rule, which are discussed below.
For most offenses, however, minors are processed through the juvenile justice system, which focuses on rehabilitation, education, and community-based services rather than simply imposing harsh punishments.
The Juvenile Justice Process in South Carolina
When a minor is accused of a crime in South Carolina, the case typically proceeds through the family court, which has jurisdiction over juvenile cases. Here’s an overview of how the process works:
Arrest or Detention
When a minor is suspected of committing a crime, law enforcement may either take the juvenile into custody or issue a summons for them to appear in court.
If the offense is serious or the minor is deemed a risk to public safety, they may be placed in a juvenile detention facility while awaiting court proceedings.
However, detention is not automatic for minors and is generally reserved for more severe cases.
Intake and Diversion
Once a minor is taken into custody or referred to court, their case goes through an intake process conducted by the South Carolina Department of Juvenile Justice (DJJ).
During intake, the juvenile’s case is reviewed to determine whether it can be diverted from formal court proceedings or even dismissed at this point.
Diversion programs aim to handle minor offenses outside of the court system, often involving community service, counseling, or educational programs.
If the minor successfully completes the diversion program, their case may be dismissed, and no formal charges will be filed.
This option is often available for first-time offenders or those charged with less serious offenses, such as shoplifting or vandalism.
Formal Charges and Court Proceedings
If the case is not suitable for dismissal or diversion, the DJJ may file a formal petition in family court, similar to a criminal charge in adult court.
The juvenile will then be required to attend a hearing, where a judge will determine whether the minor is delinquent (guilty) and needs to be evaluated or not guilty.
If the juvenile is found to be not guilty, they are out of the juvenile justice system.
Juvenile cases do not involve a jury; instead, the judge makes all decisions regarding guilt and penalties.
Throughout the process, juveniles are entitled to legal representation and a court-appointed attorney can be provided if the family cannot afford one.
Rehabilitation Focus of the Juvenile System
The juvenile justice system in South Carolina is designed to prioritize rehabilitation over punishment.
The court considers the developmental and psychological differences between juveniles and adults, understanding that young offenders are more likely to make poor decisions but are also more capable of change and growth.
The Department of Juvenile Justice offers programs and services to help minors develop the skills and maturity necessary to avoid future criminal activity.
These services can include educational programs, vocational training, and mental health counseling.
The ultimate goal is to reintegrate juvenile offenders into society as responsible and productive individuals.
Juvenile Offenses and Consequences
In South Carolina, minors can be charged with a wide range of offenses, from minor infractions to serious felonies. Juvenile crimes fall into two broad categories: status offenses and delinquency offenses.
Status Offenses
A status offense refers to activities that are considered illegal only because the individual is a minor. Common status offenses include:
- Truancy (skipping school);
- Running away from home;
- Underage drinking; and
- Violating curfew laws.
Since these actions are not crimes for adults, the court typically focuses on providing guidance, supervision, and services to correct the behavior rather than imposing harsh penalties.
Delinquency Offenses
Delinquency offenses are acts that would be considered crimes if committed by adults.
These range from misdemeanors, such as petty theft or simple assault, to serious felonies like armed robbery or drug trafficking.
The penalties for delinquency offenses can vary significantly depending on the severity of the crime, the juvenile’s age, and their prior criminal record.
Potential Penalties for Juvenile Offenders
The consequences for juvenile offenders are intended to be rehabilitative rather than punitive.
Family courts in South Carolina have discretion in determining appropriate penalties based on the nature of the offense and the juvenile’s circumstances. Common penalties include:
- Probation: Many juveniles are placed on probation, during which they must follow specific rules set by the court. This can include attending school regularly, avoiding certain individuals or places, and meeting with a probation officer.
- Community Service: Juveniles may be required to complete a certain number of community service hours as part of their punishment. This helps the offender give back to the community while learning valuable lessons about responsibility.
- Counseling and Treatment: In cases involving substance abuse, mental health issues, or behavioral problems, the court may order the juvenile to attend counseling or treatment programs.
- Restitution: If the juvenile’s actions caused financial harm, they may be required to pay restitution to the victim. This is common in cases involving property damage or theft.
- Juvenile Detention: In more serious cases, the court may order the juvenile to serve time in a juvenile detention facility. Juvenile detention is generally reserved for serious offenses or repeat offenders, and the goal remains focused on rehabilitation.
- Commitment to DJJ: For very serious offenses, juveniles may be committed to the Department of Juvenile Justice for a longer period of time. Commitment typically involves placement in a juvenile correctional facility, where the minor will receive education and services aimed at rehabilitation.
Transferring Juvenile Cases to Adult Court
In some cases, juveniles may be tried as adults, a process known as waiver to adult court. South Carolina law allows this for certain misdemeanors and felonies.
Minors of any age can be transferred to adult court if the prosecution successfully argues that the crime warrants adult-level penalties.
Here are a few of those exceptions for serious offenses:
- For misdemeanors and felony offenses punishable by a maximum of 10 years in jail, juveniles as young as 16 can be tried as adults.
- For felony offenses punishable by a maximum of 15 years in jail, juveniles as young as 14 can be tried as adults.
- For many drug offenses occurring on school property and carrying weapons on school property, juveniles as young as 14 can be tried as adults.
- For certain violent crimes, such as murder and criminal sexual conduct, minors of any age can be tried as adults, subjecting them to adult criminal penalties.
When a juvenile is tried as an adult, they face the same penalties as an adult offender, including long-term imprisonment. This can have serious lifelong consequences, as the minor could serve time in an adult prison.
However, waivers to adult court are typically reserved for the most serious offenses, and not all minors charged with violent crimes are automatically transferred.
Expungement of Juvenile Records
One advantage of the juvenile system is that it allows minors a better opportunity to move forward without a lasting criminal record.
In South Carolina, many juveniles who complete their court-ordered penalties may be eligible to have their records expunged or erased.
Expungement removes the criminal record from public access, allowing the juvenile to move on with their life without the burden of a criminal history.
However, certain serious offenses may not be eligible for expungement, such as:
- If the juvenile has been previously found guilty of an offense that carries a maximum penalty of 5 years or more in adult court, their record can’t be expunged.
- They are also not eligible for expungement if they currently have any charges pending in juvenile or adult court.
- Adjudications for violent crimes under SC Code 16-1-60, such as attempted murder and assault and battery of a high and aggravated nature, can’t be expunged.
Need Help With a Juvenile Charge in South Carolina?
When minors break the law in South Carolina, they are typically processed through the juvenile justice system, which emphasizes rehabilitation and education over punishment.
The process, from arrest to court proceedings, is designed to help young offenders learn from their mistakes and avoid future criminal behavior.
While serious offenses can lead to harsher penalties, including transfer to adult court, most juvenile cases result in efforts to rehabilitate rather than incarcerate.
If your child is facing criminal charges in South Carolina, it’s essential to understand their rights and the legal process.
Our experienced juvenile defense attorneys are here to provide guidance and help protect your child’s future. Contact our office today for a consultation.
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