Being a parent involves both joys and challenges. You get the experience of raising your child and watching them grow into a young man or woman, seeing their skills and talents develop and nurturing their dreams and goals. Along with parenting comes challenges: school pressures, peer pressure, and the constant worry about how to keep them safe and protected. When children get in trouble, their parents are often torn between the desire to punish the bad behavior and the desire to protect them from consequences that could negatively impact their future. If you’re experiencing the fear, emotional pain, and worry that comes with having an underage son or daughter charged with a crime , it’s important for you to understand how the South Carolina juvenile justice system works, and what options may be available for your child.
Juvenile Crimes
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When it comes to children, crimes are categorized differently than they are for adults. In South Carolina, the family court has jurisdiction over minors facing charges, and there are offenses for which they can be charged that would not be a crime if they were an adult. The South Carolina Bar Associations lists these types of cases as status cases, youthful offenses commonly seen in family court . These include:
- Truancy, or failure to attend school as required by law;
- Incorrigibility, or cases where children sneak out of their homes, stay out all night, or otherwise behave in a way that is beyond the parent’s control; and
- Running away from home.
In addition to these status cases, there are also criminal matters for which a child may be charged. Any violation of the law, such as drug possession, shoplifting, vandalism, or assault, is a serious matter resulting in charges being filed, regardless of the age of the person who has committed them.
The Juvenile Justice System
In South Carolina, crimes committed by underage minors are dealt with through the Department of Juvenile Justice (DJJ). Juveniles enter DJJ either through the schools, law enforcement, or through the Deputy Solicitor. Juveniles charged with a crime will be interviewed by DJJ personnel and, depending on the circumstances, may be taken to one of the state’s Juvenile Detention Centers. There are a variety of potential outcomes for children facing criminal charges . These include:
- The arresting officer and the court can will decide whether to prosecute the minor for their charges, or to dismiss the charges against them.
- If the choice is made to prosecute, the case will most likely be heard in family court. If the crime the child is charged with is considered a felony, and the child is over 16, they could be tried as an adult in criminal court.
- If convicted of the crime, the child and the case will be evaluated for sentencing.
- Sentencing may involve probation, or commitment to the Department of Juvenile Justice for a period of time. Upon release, the child will be placed on probation.
For first time offenders, the Solicitor in the case may recommend admission into the Solicitor’s Intervention Program. This program will require the child to attend drug classes and counseling, perform community service, and submit to random drug screens. If the child completes the program, the charges against him or her will be dropped.
Contact an Experienced Criminal Defense Attorney Today
If you are the concerned parent of a child who has been charged with a status offense or crime, contact an experienced South Carolina criminal defense attorney right away. Juvenile charges can result in serious punishments, and you’ll want someone looking out for the legal interests of your child. At the law firm of Lauren Taylor, with offices in Greenville and throughout the Upstate, we’ll provide the kind of compassionate service you deserve, with the aggressive legal representation you need. Call us today for an initial consultation.
South Carolina divorce attorney Lauren Taylor practices family law in Charleston and Greenville. She graduated from the Charlotte School of Law, and has been practicing for more than ten years.
Since the firm’s inception in 2012, Mrs. Taylor has helped hundreds of people navigate the uncertainties surrounding the family and criminal court process.
She has cultivated a team that ensures each case has a strategy crafted specifically to the clients needs and desires.
Her commitment to top notch service has led her to open two additional offices in the low country where she now resides with her husband Michael and her golden retriever, Buster.