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Johnathan MWhat Are Juvenile Crimes in South Carolina?
In South Carolina, a “juvenile” is typically anyone under 18. If they commit an act that would be a crime if committed by an adult, the family court addresses the case through the Juvenile Justice Code, as detailed in Title 63, Chapter 19 of the South Carolina Code. This code underscores the focus on rehabilitation rather than punishment; however, it is essential to understand that certain offenses can escalate to adult court, making legal representation vital.
A juvenile taken into custody is not considered “arrested.” According to SC Code § 63-19-810, taking a juvenile into custody does not equate to an arrest, but rather, establishes the Department of Juvenile Justice’s (DJJ) jurisdiction over the child. This distinction is crucial, as it affects how the case is handled and the potential outcomes for your child.
Juvenile court cases aren’t about determining guilt like traditional criminal trials. The family court decides if the child is “delinquent,” meaning whether they committed the act. If found delinquent, the court resolves the case through various outcomes such as community service, probation, counseling, restitution, or commitment to DJJ. The juvenile system’s primary aim is rehabilitation, not punishment.
However, if your child’s case moves to adult court, the rehabilitative focus disappears. In General Sessions, your child faces adult penalties, including mandatory minimums and potentially long sentences. This underscores the need for a competent defense strategy to prevent such transfers whenever possible.
Penalties for Juvenile Crimes in Greenville, SC
Juvenile system dispositions vary based on the offense, the child’s history, and what the family court deems best for the child and the public. Possible outcomes include:
Counseling or community-based supervision
Community service and restitution
Probation with reporting requirements
Placement in a foster home or group facility
Temporary commitment to DJJ for evaluation, up to 45 days
Commitment to DJJ for a period not extending beyond the child’s 22nd birthday under SC Code § 63-19-1440
A determinate commitment (fixed term) maximum is 90 days. Indeterminate commitments last until release by the department or a court, based on more serious cases. Understanding these potential penalties helps in preparing a defense that aims to avoid the harshest outcomes.
If a child adjudicated delinquent for a violent offense isn’t paroled by their 18th birthday, DJJ transfers them to the Youthful Offender Division of the Department of Corrections. This transfer is a critical turning point that can significantly impact a young person’s future.
Waiver to adult court poses a significant danger. Under SC Code § 63-19-1210, a family court judge can transfer a juvenile to General Sessions Court considering age and offense nature:
Murder charges for any age can lead to adult court waiver
17-year-olds facing misdemeanors, Class E or F felonies, or felonies with a maximum of 10 years can be waived at the court’s discretion
Ages 14-16 facing Class A, B, C, or D felonies, or felonies with 15 years or more, can be waived after an investigation and hearing
14 or older charged with firearm offenses on school property or drug distribution near schools may be waived
In adult court, the juvenile is subject to full adult penalties, including mandatory minimum sentences. This underscores the importance of fighting waivers to adult court whenever possible, keeping the focus on rehabilitation.
How Juvenile Cases Are Handled in Greenville County
In Greenville County, when law enforcement takes a juvenile into custody, they must notify parents immediately and contact the DJJ within an hour. The DJJ then reviews the situation to determine if detention is needed. If not, the child returns home pending a court date. This initial review is crucial and can influence the entire process.
Cases proceed through the family court in the 13th Judicial Circuit. This process includes DJJ screening and potential referral to diversion programs. Successful diversion completion results in charge dismissal without adjudication. Therefore, pursuing diversion is often a beneficial strategy, especially for first-time offenders.
Proceeding to family court, the solicitor files a petition alleging delinquency. A family court judge, without a jury, conducts the adjudication hearing using the beyond-a-reasonable-doubt standard. Unlike adult court, these proceedings are confidential, often sealing juvenile records and protecting the child’s future. This confidentiality can be a significant advantage in preserving future opportunities.
If the solicitor deems adult prosecution necessary, they file a motion for jurisdiction waiver. Before the waiver hearing, a pre-waiver evaluation examines the child’s social history, family background, school record, mental health, and DJJ psychological assessment. The family court judge uses these materials and the Kent v. United States factors to decide on approval:
Seriousness of the alleged offense and public protection
Whether the offense was aggressive, violent, or willful
Whether it involved personal or property harm
Sufficiency of evidence for indictment
Advantage of unified prosecution with adult co-defendants
Child’s sophistication and maturity
Child’s prior record
Public protection given realistic rehabilitation prospects
The state carries the burden at the waiver hearing. Your attorney can counter the transfer with evidence and arguments. Keeping a case within family court is often essential to focus on rehabilitation.
Defense Strategies for Juvenile Crimes
Fight the waiver. The waiver hearing is critical for your child. An attorney can present evidence showing rehabilitation potential, immaturity versus the charge, lack of a prior record, and community support to keep the case in family court, aiming for proportionate outcomes and manageable consequences.
Pursue diversion. For first-time or minor offenses, DJJ diversion can lead to dismissal. Your attorney can advocate for diversion before formal petitions are filed. This proactive approach can prevent a criminal record from forming.
Challenge the evidence. Juvenile proceedings require proof beyond a reasonable doubt. Improperly gathered evidence may be suppressed and witness testimonies challenged. This can significantly alter the case’s trajectory.
Negotiate for lesser outcomes. Even when cases reach adjudication, negotiating with the solicitor may lead to reduced charges, lesser dispositions, or probation instead of commitment. This negotiation can be key to a more favorable outcome.
Protect the record. Unlike adult records, juvenile records in South Carolina often remain confidential. Your attorney should safeguard these protections, possibly seeking expungement after time. Protecting the record ensures that the juvenile’s future remains unblemished.
Juvenile charges involving disorderly conduct or minor offenses can be resolved through diversion. More serious cases like resisting arrest or alleged stalking require thorough representation.
If your child faces a failure to appear on previous charges, complexity increases, making immediate legal intervention crucial. Such situations require prompt and effective legal strategies to mitigate consequences.
Why You Need a Juvenile Crimes Lawyer in Greenville
Your child’s case has deadlines and processes unfamiliar to most parents. DJJ decisions about detention happen within an hour. Family court follows its schedule. Diversion opportunities close quickly. Transfer hearings are pre-scheduled. Understanding these timelines is vital to ensure that all opportunities for a favorable outcome are pursued.
Without a Greenville County family court attorney, your child’s case defaults to the system’s convenience, not your child’s best interest. An informed and assertive legal advocate can make a significant difference in the outcome.
Mistakes here can be grave. An adult felony conviction impacts careers in law enforcement, the military, healthcare, education, and finance. It affects college admissions, aid, housing, and licensing. The juvenile system’s purpose is rehabilitation, avoiding these outcomes. A 13th Judicial Circuit attorney ensures this potential is realized. By focusing on rehabilitation, an attorney can help secure a future free from the stigma of a criminal record.
John Crangle handles juvenile cases in Greenville County, understanding both the family court and potential adult system your child may face. He engages with DJJ early, advocates for diversion, defends against waivers, and supports your child throughout proceedings. His comprehensive approach is designed to protect your child’s future at every stage of the process.
A Greenville criminal defense lawyer with juvenile experience isn’t a luxury. It’s necessary when your child’s future is at stake. Engaging an experienced attorney like John Crangle can be the difference between a second chance and a lifetime of consequences.
Contact John Crangle today for a consultation.