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Business LitigationConway Juvenile Crimes Attorney
Children between the ages of 11 and 16 can be held accountable for juvenile crimes in the State of South Carolina. If your child is in this difficult situation, you may be feeling simultaneously panicked and unsure of how best to proceed. The fact is that your child has the right to legal counsel, and consulting with an experienced Conway, South Carolina, juvenile crimes attorney as soon as you’re able to do so is always in their best interest.
Taken into Custody
Your child can’t technically be arrested, but they can be taken into custody by the police. In other words, juveniles are not served arrest warrants the way adults generally are. Some of the most common reasons for a juvenile to be taken into custody in South Carolina include all the following:
- Taking a weapon to school
- Assaulting someone
- Being in possession of marijuana or another illegal drug
- Damaging someone else’s property intentionally
- Shoplifting or stealing from someone else
- Traffic offenses, such as driving under the influence of alcohol
- Contributing to the delinquency of a minor
Next Steps
If law enforcement has taken your child into custody, it’s important to keep in mind that your child retains the same rights that you would if you were arrested. This includes the right to legal counsel and the right to remain silent – both of which are always advised.
Once taken into custody, it is up to the attending officer to determine whether or not your child should be returned to your home or placed outside the home while awaiting their pending detention hearing. This decision depends on the unique circumstances involved. When deemed appropriate, however, juveniles are often returned to their family homes pending their hearings.
Notifying the School
If the act that your child was taken into custody regarding rises to the level of a misdemeanor or a felony, their school will be notified. The school, in turn, can take the actions it deems appropriate.
Interviewing the Juvenile
Your child will be interviewed by an official with the Department of Juvenile Justice (DJJ). At this juncture, your child’s juvenile crimes attorney will receive all the prosecution’s evidence against them. From here, a plea deal may be struck – or the matter will proceed to a trial before a judge rather than a jury.
Being Found Guilty or Not Guilty
If the judge finds your child not guilty, the associated records can be destroyed when the necessary legal requirements are followed. If – on the other hand – the judge determines that your child is guilty, they are responsible for handing down a sentence, which can involve your child spending time in a juvenile detention facility that is designed to rehabilitate rather than to punish. You should know that this step in the juvenile justice process is an adjudication rather than a conviction.
An Experienced Conway Juvenile Crimes Attorney Can Help
The dedicated Conway, SC, juvenile crimes attorneys at the Law Offices of L. Morgan Martin, P.A., recognize that when your child’s involved, it’s of primary importance and will leave no stone unturned in their quest to help. Learn more by contacting us online or calling us at 843-248-3177 today.