Watching your child face legal issues is frightening for any parent. It’s normal to feel overwhelmed if they’re accused of a crime. The South Carolina juvenile justice system focuses on rehabilitation and a child’s well-being, differing from the adult system, but it can still be complex and confusing.
Understanding the juvenile court system in South Carolina is vital to safeguard your child’s future. If you are in Columbia facing juvenile charges, securing a criminal defense lawyer is crucial.
Let Touma Law Group stand with you and reach out today at (803) 879-4499 to get started on protecting your child’s future.
Common Types of Juvenile Crimes in Columbia, SC
If your child is facing a juvenile charge, it’s important to understand the types of offenses and their potential consequences.
Theft
- Includes petty theft, shoplifting, and grand theft.
- Even small thefts can result in serious penalties and a juvenile record.
Drug Offenses
- Covers possession, distribution, and other drug-related charges.
- Severity depends on the type and amount of the substance involved.
Assault and Battery
- Ranges from minor fights (simple assault) to more serious incidents causing injury (aggravated assault).
- Any physical altercation can lead to legal consequences.
Vandalism
- Includes graffiti, property damage, and destruction of school or personal property.
- Often results in fines, community service, or restitution.
Robbery
- Involves taking property through force or threats.
- More serious than theft, with harsher legal implications for juveniles.
Sex Offenses
- It can include statutory rape or other inappropriate sexual conduct.
- Handled very carefully by the juvenile system due to the seriousness of these allegations.
How Juvenile Cases Are Handled in Columbia, SC
South Carolina’s juvenile justice system works differently from the adult system. Instead of focusing only on punishment, it’s designed to guide young people, help them make better choices, and give them a chance to turn their lives around.
Arrest and Detention
If a child is suspected of a crime, police or even a school officer can take them into custody. Juveniles have important rights:
- They can have a parent or guardian present during questioning.
- They must be told about their Miranda rights, including the right to stay silent.
If the child isn’t released to their parents, they’ll be sent to a juvenile detention center.
Initial Hearing and Detention Hearing
Within 48 hours of being detained (not counting weekends or holidays), a hearing must take place. At this hearing, a family court judge decides:
- Should the child go home with their family?
- Or should they stay in detention while the case continues?
Adjudication Process
Juvenile court doesn’t use the word “guilty.” Instead, the judge decides if the child is “adjudicated delinquent,” which means the court believes the child committed the offense.
This process looks a lot like a trial, but without a jury. The judge hears the evidence and makes the decision alone.
Disposition and Sentencing
If the judge finds a child delinquent, the next step is a disposition hearing. This part focuses on rehabilitation, not just punishment. Possible outcomes include:
- Probation – Following rules like going to school, obeying a curfew, or checking in with a probation officer.
- Community Service – Completing a set number of volunteer hours.
- Rehabilitation Programs – Things like counseling or substance abuse treatment.
- Detention – In serious cases, time in a juvenile detention center run by the South Carolina Department of Juvenile Justice (SCDJJ).
Penalties for Juvenile Crimes in Columbia, SC
The penalties in the juvenile system are designed to help a young person correct their behavior and get back on track.
- Probation and Community Service: Probation and service are common outcomes for juveniles. Probation typically includes a behavior contract outlining rules for the child, helping them avoid a serious criminal record.
- Juvenile Detention: In cases involving serious crimes or repeat offenses, a judge may order a child to be held in a juvenile hall or a different type of detention center. These facilities focus on education and rehabilitation, aiming to help the child change their path.
- Restitution and Fines: The family court may order the child and their family to pay restitution to victims to cover damages. The court might also order the family to pay fines.
- Rehabilitation Programs: Often, the court will require a child to take part in rehabilitation programs, such as drug and alcohol education. These programs are designed to address the reasons behind the behavior and prevent future problems.
Legal Defenses for Juvenile Crimes
When a child is facing charges, a strong defense is key. A juvenile criminal lawyer can use several different legal strategies to protect a child’s rights and future.
- Lack of Intent: A child’s mind is still developing. An attorney can argue that your child didn’t fully understand the consequences of their actions, which might lead to a reduced charge or dismissal.
- Unlawful Search and Seizure: Everyone has rights, even juveniles. If a police investigation involved an illegal search, an attorney can argue that the evidence found should be thrown out of court.
- False Accusations: Sometimes, a child can be wrongly accused due to mistaken identity or a false statement. A lawyer will investigate the details to prove the accusation is untrue.
- Mental Health and Developmental Issues: Mental health or developmental issues can be a factor in a child’s behavior. An attorney can present this information to the court to focus on treatment and counseling instead of punishment.
Learn More: What should you do if your child has been arrested
The Role of a Juvenile Crime Lawyer
Having a good juvenile criminal defense attorney is one of the most important things you can do for your child. It’s a lawyer’s job to protect your child’s rights and guide you through the process.
Case Evaluation
A lawyer will do a full review of your child’s case. They will look at police reports, witness statements, and all the facts to build a strong defense strategy. This can include working with the solicitor to get a plea bargain or a pre-trial intervention.
Representation in Court
A juvenile crime lawyer will stand with your child every step of the way in the courtroom aisle. They will argue for your child at a detention hearing, negotiate a plea resolution, and represent them at trial. Their job is to ensure that the court understands the full picture, not just the charges.
Protecting Rights
A lawyer is there to ensure your child’s rights are protected. This includes making sure Miranda warnings were given correctly and that no evidence was gathered illegally. They also work to make sure your child is treated fairly and with respect.
Guidance and Support
Handling the juvenile system alone is tough for families. A lawyer offers guidance, explaining steps and aiding in decisions for your child’s future. They also clarify long-term effects of a juvenile record on college or housing, like SC housing applications.
FAQs About Juvenile Crimes
What should I do if my child is charged with a crime in Columbia, SC?
Stay calm and get legal advice quickly. Ensure your child doesn’t talk to the police without a lawyer. Contact a Columbia criminal attorney experienced in juvenile cases.
What are the potential penalties for juvenile crimes?
Penalties depend on the crime and may include community service, probation, fines, rehab programs, or juvenile detention. The aim is to aid the child, not just punish them.
Can juvenile charges be expunged or sealed?
Yes, many juvenile records can be sealed or expunged, keeping them off future background checks, which benefits a child’s future opportunities.
Protecting Your Child’s Future
Facing a juvenile crime case in South Carolina is a difficult and stressful experience. But with the right help, you can make sure your child has the best chance for a good future. At Touma Law Group, we understand the juvenile justice code and how to protect your child’s rights. Contact us now for a free, confidential consultation.