When Your Child Is Facing More Than a School or Family Problem
For a parent, learning that your child has been taken into custody or accused of a crime can change the day instantly.
Sharpe & Leventis, LLC represents young people facing juvenile charges in Columbia and surrounding South Carolina communities.
We examine what happened, how law enforcement became involved, what evidence supports the allegation, and which options are available within South Carolina’s juvenile justice system.
Juvenile Court Is Different From Adult Criminal Court
South Carolina generally gives Family Court jurisdiction over people under 18 accused of violating state law or municipal ordinances, although important exceptions exist for certain serious charges and older juveniles.
A Child Is Taken Into Custody, Not Technically “Arrested”
Under South Carolina’s Juvenile Justice Code, when a child is taken into custody for allegedly violating a criminal law, that custody is not legally treated as an arrest. Law enforcement must notify the parent, guardian, or custodian as soon as possible.
Juvenile Cases Are Usually Heard in Family Court
Family Court generally handles juvenile delinquency matters, and current South Carolina law provides that cases involving children are heard by a judge without a jury.
An Adjudication Is Not a Criminal Conviction
If the Family Court finds that a child committed an offense, the child may be adjudicated delinquent.
South Carolina law specifically states that a Family Court juvenile adjudication is not a criminal conviction and does not automatically impose the ordinary civil disabilities associated with a conviction.
What Happens After a Child Is Taken Into Custody?
The first concern for many parents is simple:
Is my child coming home?
Juvenile Detention
South Carolina law limits when a child is eligible for secure juvenile detention. Factors can include the seriousness of the charge, prior juvenile history, flight risk, risk of harm, weapons, and whether another suitable placement is available.
Even when a juvenile technically qualifies for detention, secure detention is not automatically required if adequate supervision is available elsewhere.
Release to a Parent or Responsible Adult
A child may be released to a parent or another qualifying responsible adult with a written promise to bring the child to court when required.
Detention Hearing
If a child is not released, the Family Court generally must hold a detention hearing within 48 hours, excluding Saturdays, Sundays, and holidays.
The child has a right to an attorney at that hearing, and South Carolina law provides additional protections concerning waiver of counsel.
How Does a Juvenile Case Move Through South Carolina Family Court?
Intake
The South Carolina Department of Juvenile Justice provides intake services and evaluates the circumstances and needs of children referred for possible Family Court prosecution.
The solicitor’s office reviews the intake recommendation and ultimately determines whether the juvenile will be prosecuted in Family Court.
In cases where prosecution is not considered appropriate, referral to services may be available. South Carolina law also permits informal adjustment before a formal petition in appropriate circumstances.
Petition
If the case proceeds formally, a petition sets out the allegations against the child.
Adjudicatory Hearing
The adjudicatory hearing addresses whether the allegations have been proven.
South Carolina Family Court rules generally call for the adjudicatory hearing to be set at the earliest practical date and no later than
40 days after the petition is filed, unless the court orders a delay and states the reason.
Dispositional Hearing
If the child is adjudicated delinquent, the case moves to disposition. This stage determines what the court will order based on the offense, the child’s circumstances, and other relevant considerations.
Juvenile Charges We Defend
Sharpe & Leventis can evaluate juvenile matters involving:
Assault and Fighting
School fights, arguments, and other physical confrontations can result in assault-related allegations.
Drug Charges
Juvenile drug cases may involve possession, marijuana, prescription drugs, distribution allegations, or drugs found in a vehicle or shared location.
Theft and Shoplifting
Retail theft and other property accusations can result in both Family Court proceedings and separate school or family consequences.
Property Crimes
Cases may involve vandalism, property damage, burglary allegations, or stolen property.
Weapons and School-Related Charges
Possession of a weapon or other alleged criminal conduct at school can raise particularly serious legal and educational concerns.
Serious Felony Allegations
Certain serious offenses can raise the possibility that the juvenile will be prosecuted outside the ordinary Family Court system.
Can a Juvenile Be Tried as an Adult in South Carolina?
Yes, in certain circumstances. This is one of the most important reasons not to assume that every charge involving someone under 18 will remain a juvenile case.
South Carolina’s transfer statute establishes several routes through which a case may reach adult criminal court.
For example:
- A 17-year-old charged with certain more serious felonies may fall outside the ordinary statutory definition of a juvenile for that charge, although the solicitor has authority in specified circumstances to remand the matter to Family Court.
- A juvenile who is 14, 15, or 16 and accused of certain serious felonies carrying substantial potential imprisonment may be transferred after the required investigation and hearing.
- Other specific offenses and prior serious juvenile history can also create transfer issues.
When a case is transferred or “waived” to General Sessions, the consequences change significantly. The juvenile can be prosecuted through the adult criminal court system, and some of the confidentiality protections applicable to ordinary juvenile proceedings no longer apply.
What Can Happen If a Juvenile Is Adjudicated Delinquent?
Family Court has several dispositional options depending on the offense and the child. Potential outcomes may include:
Probation or Supervision
The court may place a child on probation with conditions designed around supervision and rehabilitation.
South Carolina law expressly states that juvenile probation is not supposed to be administered as punishment, but as a measure directed toward the protection, guidance, and well-being of the child and family.
Counseling or Treatment
Depending on the circumstances, the court may order evaluations, counseling, substance-related services, or other appropriate treatment.
Community Service or Restitution
Community service and restitution to a victim may be included as conditions of probation.
Commitment to DJJ
For more serious cases, the court may commit a child to the custody of an appropriate institution or agency, including the South Carolina Department of Juvenile Justice.
Current law permits certain commitments for an indeterminate period, subject to statutory age limits and release procedures.
Can a Juvenile Record Be Expunged in South Carolina?
Some can. South Carolina law allows a person who was taken into custody, charged with, or adjudicated delinquent for certain status offenses or nonviolent crimes to petition for expungement when statutory requirements are met.
For many nonviolent juvenile adjudications, those requirements include:
- Being at least 18 years old
- Successfully completing the disposition
- Having no subsequent criminal adjudication or conviction
- Having no pending criminal charges
A juvenile adjudication for a statutorily defined violent crime cannot be expunged through this provision.
If a child was found not guilty at the Family Court adjudicatory hearing, current law generally requires the court to grant expungement regardless of age and without an expungement fee.
The South Carolina Judicial Branch also provides a specific application process for juvenile-record expungements.
What Should Parents Do After a Juvenile Charge?
Do Not Treat It Like a School Discipline Meeting
A juvenile delinquency case is a legal proceeding. Encourage your child to be careful about making detailed statements about the allegations before the family understands the situation and receives legal advice.
Keep the Paperwork
Preserve notices from law enforcement, Family Court, DJJ, and the school.
Save Digital Evidence
Do not delete messages, photographs, videos, social media, or other potentially relevant material.
Follow Release Conditions
If the court or another authority imposes conditions involving school attendance, curfew, contact, or other conduct, those requirements should be taken seriously.
Ask About Both the Immediate Case and the Long-Term Record
Parents should understand not only what happens at the next hearing, but also whether the matter may affect school, detention, transfer, disposition, or future expungement.
How Sharpe & Leventis Approaches a Juvenile Case
01
We Start With the Child, Not Just the Charge
A juvenile case involves a young person whose education, family, development, and circumstances may matter to the decisions ahead.
02
We Examine the Evidence
We review what law enforcement, witnesses, school officials, and other sources actually provide—not simply the label attached to the allegation.
03
We Address Immediate Issues
If the child is detained, facing a hearing, or dealing with court-imposed conditions, those concerns may require attention quickly.
04
We Evaluate How the Case Should Proceed
Depending on the facts, the issues may involve intake, prosecution, possible resolution, adjudication, disposition, or—in serious cases—whether the matter could be transferred to adult court.
05
We Look Beyond the Next Court Date
Juvenile representation should also account for school concerns, record consequences, available rehabilitative options, and whether future expungement may be possible.
Frequently Asked Questions
Is a juvenile adjudication the same as a criminal conviction?
No. South Carolina law specifically provides that a juvenile adjudication in Family Court is not a criminal conviction and does not automatically impose the civil disabilities ordinarily associated with a conviction.
Will my child automatically be placed in juvenile detention?
No. South Carolina law establishes eligibility criteria for secure detention, and even a child who meets those criteria does not necessarily have to be detained if adequate supervision or another suitable placement is available.
Does my child have the right to an attorney?
Yes. South Carolina Family Court rules require notice that a child in a delinquency proceeding has the right to be represented by counsel, with appointed counsel available when the applicable financial requirements are met.
Can my child be tried as an adult?
Potentially. South Carolina law permits or requires adult-court treatment in certain circumstances depending on the juvenile’s age, the seriousness of the charge, prior history, and other statutory factors.
Contact Our Columbia Law Firm for a Free Consultation Today.
The court sees a charge. You see your child.
Sharpe & Leventis, LLC looks closely at the evidence, the process, and what is at stake beyond the case.