When a child is arrested, it can be overwhelming for any parent. The legal process may seem confusing, and emotions run high. Knowing what steps to take and understanding your child’s rights can help you make better decisions. If your child has been arrested, it is important to understand their rights, talk with a lawyer early, and take steps to protect their future.
A juvenile criminal defense lawyer in Columbia can explain the process and your family’s options. A licensed South Carolina attorney at Touma Law Group must review the facts of your child’s case before anyone relies on the general information on this page, and no result can be promised.
Call Touma Law Group at (803) 879-4499, schedule a free consultation, and discuss your case.
Understand Your Child’s Rights
When your child is in custody, it helps to understand their rights so that you can support them. Under South Carolina law, a child is generally a person under 18, and taking a child into custody is not technically an arrest, though it can feel like one to a family (S.C. Code Ann. §§ 63-19-20 and 63-19-810).
Right to Remain Silent and Avoid Self-Incrimination
Your child has the right to remain silent during custodial questioning, and anything they say can be used against them. The Supreme Court has held that the privilege against self-incrimination applies to juveniles in delinquency proceedings that can lead to commitment (In re Gault, 387 U.S. 1 (1967)). The Court has also held that a child’s age can be part of the question of whether the child was in custody when questioned by police, so long as the officer knew the child’s age or a reasonable officer would have known it (J.D.B. v. North Carolina, 564 U.S. 261 (2011)).
Because a child may feel that there is no choice but to answer, it is a good idea to talk with a lawyer before a child makes a statement. A lawyer can also review whether a statement can be used in court.
Right to an Attorney Before Answering Police Questions
Juveniles also have the right to a lawyer. Under the Children’s Code, the family court must appoint a lawyer for a child at a detention hearing if the family has not retained one (S.C. Code Ann. § 63-19-830), and a child and the parents must be told of the right to counsel in a proceeding that could result in commitment (S.C. Code Ann. § 63-19-1030). If your child is questioned by the police, they can ask for an attorney and stop answering questions until a lawyer is present.
A criminal defense lawyer can review whether your child’s rights were respected and can explain what to avoid saying. Talking with a lawyer early can help you understand how the case may unfold, including whether the solicitor may prosecute, divert, or dismiss.
How Juvenile Rights Differ from Adult Rights in South Carolina
Juveniles share many of the same legal rights as adults, but there are key differences. Juvenile cases are generally handled in family court rather than adult criminal court (S.C. Code Ann. § 63-3-510). Family court records are confidential and open only to people the court permits (S.C. Code Ann. §§ 63-19-2010 and 63-19-2020). Some juvenile records can be expunged, which is explained below (S.C. Code Ann. § 63-19-2050).
The Children’s Code says probation must not be ordered or administered as punishment but as a measure for the protection, guidance, and well-being of the child and the child’s family (S.C. Code Ann. § 63-19-1410). Still, a serious charge can lead to a request to move the case to adult court, as described below.
What Are My Rights as a Parent During My Child’s Case?
When a child is taken into custody, the officer must notify the parent, guardian, or custodian as soon as possible. Unless the court orders otherwise, the officer may release the child to a parent or responsible adult who signs a written promise to bring the child to court. If the child is not released and the officer does not consent to release, the parents may apply to a family court judge in the circuit for an order of release. If the offense is a violent crime as the State defines it, the child may be released only by the officer who took the child into custody, but the parents may still apply to the family court (S.C. Code Ann. § 63-19-810).
The Children’s Code section on taking a child into custody requires notice to a parent but does not say that a parent must be present when police question a child (S.C. Code Ann. § 63-19-810). South Carolina appellate courts decide whether a juvenile’s statement can be used by looking at all of the circumstances, including factors such as the juvenile’s age, the length of custody, and whether the juvenile was isolated from a parent (State v. Parker, Opinion No. 4475 (S.C. Ct. App. Dec. 23, 2008)). Consulting with a juvenile defense attorney can help clarify your rights and what to do next. The court looks at the parents’ ability to pay when deciding about appointed counsel, and it may order parents to reimburse the cost (S.C. Code Ann. § 63-19-1040).
Do Not Let Your Child Speak Without a Lawyer
Even innocent statements can be misunderstood or used against a child. Encouraging your child to speak with a lawyer before answering questions about the incident can help avoid problems later. Parents can also be asked questions by police, and what a parent says about the incident may become part of the case, so it is reasonable to talk with a lawyer before giving a statement.
Related Content: Common Juvenile Crimes
How an Attorney Can Protect Their Rights During Questioning
A juvenile defense attorney can advise your child about the right to remain silent and can review whether statements already made can be used. A criminal defense attorney can also explain how the juvenile court process works and what steps come next.
What to Do If the Police Pressure Them to Confess
If the police are pressing your child to answer questions, your child can say that they want a lawyer. A defense lawyer can later ask the court to review whether a statement was voluntary and whether it was taken in a way that respected the child’s rights. In Gault, the Supreme Court said that admissions and confessions of juveniles require special caution, and it looked for clear evidence that a juvenile knew he was not obliged to speak.
Contact a Juvenile Defense Lawyer Immediately
Juvenile law is different from adult criminal law, and it helps to talk with a lawyer who handles juvenile cases. A lawyer can explain the juvenile justice system and the choices your family has, and can review the facts of the case.
A defense attorney may be able to discuss with the prosecutor whether a case can be diverted, resolved on different terms, or dismissed, and can raise rehabilitation programs as an alternative to detention. No result can be promised. A lawyer can also be important at the disposition hearing, where the court decides on the consequences if a youth is adjudicated delinquent.
During a consultation, the attorney will review the details of the case, explain your child’s rights, and outline possible defense strategies. They will also explain the next legal steps. Many law firms offer a contact form on their website, which makes it easy for parents to reach out.
Understanding the Juvenile Justice System
Juvenile court focuses on the child’s needs as well as the charge. Before a hearing, the judge must have an investigation made into the child’s parentage and surroundings, age, habits, and history, and a report from the child’s school if the child attends school (S.C. Code Ann. § 63-19-1030). The South Carolina Department of Juvenile Justice (DJJ) says that after a referral, the youth meets with a DJJ representative, and DJJ makes a recommendation to the solicitor, who can dismiss the case, divert the youth to a program such as arbitration, or prosecute (SC DJJ).
If a case is prosecuted and the youth is adjudicated delinquent, DJJ says the disposition can include probation, restitution, community programs, commitment to a DJJ secure facility, or a combination of these. DJJ county officers monitor youths on probation and parole (SC DJJ). The court may also order a child to be examined or treated, order restitution or community service as a condition of probation, or dismiss the petition at any time (S.C. Code Ann. § 63-19-1410).
A child’s prior record can matter. For example, a child with a recent record of adjudications for other felonies or misdemeanors may be eligible for secure detention in some circumstances (S.C. Code Ann. § 63-19-820). A detained child is entitled to review of the detention within 10 days of the initial hearing and again within 30 days after that (S.C. Code Ann. § 63-19-830).
Potential Consequences of a Juvenile Arrest
A juvenile case can affect school and other parts of a young person’s life. When a child is charged with an offense that would be a misdemeanor or felony for an adult, the officer must notify the principal of the school where the child is enrolled of the nature of the offense, and the principal must keep that information confidential (S.C. Code Ann. § 63-19-810). A school can also have its own discipline policies, which may lead to consequences such as suspension. Ask the school about its policies and talk with an attorney about how a case may affect school.
- Possible Penalties After an Adjudication: Consequences depend on the offense and the child. As listed above, the court can order probation, restitution, community service, treatment, or commitment. Commitment is for an indeterminate period and cannot go past the child’s 22nd birthday (S.C. Code Ann. § 63-19-1410).
- When a Juvenile Can Be Tried as an Adult in South Carolina: A person who is 17 or older and charged with a Class A, B, C, or D felony, or a felony with a maximum prison term of 15 years or more, is not treated as a “child” under the Children’s Code, although the solicitor may send a 17-year-old’s case to family court (S.C. Code Ann. § 63-19-20). For a child who is 14, 15, or 16 and charged with those serious felonies, the family court, after a full investigation and hearing, may decide it is contrary to the best interest of the child or the public to keep the case and may bind the child over for criminal proceedings in adult court. The statute also covers other situations, including a child 14 or older charged under certain listed weapons and drug statutes, and certain repeat cases. A request to transfer can also be made within 30 days of a petition alleging murder or criminal sexual conduct (S.C. Code Ann. § 63-19-1210). Adult court cases carry different procedures and penalties.
What to Do to Protect Your Child’s Future After an Arrest
If your child is facing criminal charges, taking the right steps after an arrest can help you understand the options. A defense attorney can review the evidence and explain what choices your family has.
Depending on the charge, a case may be diverted or dismissed by the solicitor instead of being prosecuted. When a case is not prosecuted, the DJJ intake counselor offers referral assistance for services for the child and family (S.C. Code Ann. § 63-19-1010). If a case is prosecuted, the court can order counseling, treatment, or probation as part of a disposition.
Some juvenile records can be expunged. A person who was taken into custody for, charged with, or adjudicated delinquent for a status offense or nonviolent crime may petition the family court. The court may grant the petition for a nonviolent crime only if the person is at least 18, has completed any disposition, has not been later adjudicated for or convicted of an offense, and has no pending charges. A person with a prior adjudication for an offense that would carry a maximum term of five years or more for an adult cannot petition. If a person was found not guilty at an adjudicatory hearing in family court, the court must grant the expungement regardless of age. An adjudication for a violent crime cannot be expunged (S.C. Code Ann. § 63-19-2050).
Taking steps early can help your family understand what the case may mean for education, employment, and the future.
Call Touma Law Group About Your Child’s Case
Facing your child’s arrest can be stressful, but you do not have to handle it alone. Talking with a lawyer early can help your family understand the process and the choices that may be available. No result can be promised, and every case depends on its facts.
If your child has been arrested, contact a lawyer today. Call Touma Law Group at (803) 879-4499 to talk about your child’s case.
