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A 16-year-old in Myrtle Beach is walking home from a summer job on the boardwalk when an officer stops him and asks where he is going. Most stops like this end in a few minutes. If one does not, South Carolina has its own rules about what happens next, and they are different from the rules for adults.
Family court handles most cases until 18
South Carolina's Children's Code defines a child or juvenile as a person under 18. Those cases go to family court. The current version of that definition took effect on July 1, 2019.
There are exceptions. A 17-year-old charged with the most serious felonies (Class A, B, C, or D, or a felony with a possible sentence of 15 years or more) starts in adult court, although the solicitor (the local prosecutor) can send the case back to family court. For 14, 15, and 16 year olds charged with those same serious felonies, a family court judge can move the case to adult court, but only after a full investigation and a hearing. The judge's question is whether keeping the case in family court is against the best interest of the child or the public.
If you are taken into custody
Under state law, when police take a child into custody, it is not counted as an arrest. The officer must notify your parent, guardian, or custodian as soon as possible. Often the officer can release you to a parent who signs a promise to bring you to court.
If you are held, a detention hearing must take place within 48 hours, not counting weekends and holidays. The judge must appoint a lawyer if you do not have one. You cannot give up that lawyer at this hearing unless you have talked with an attorney at least once first.
The national rule comes from In re Gault (1967). The Supreme Court held that a young person facing a delinquency case has the right to notice of the charges, to a lawyer, to question witnesses, and to stay silent. We did not find a South Carolina statute that requires a parent to be present during police questioning. You can still say calmly that you want your parent and a lawyer before you answer questions.
Juvenile records and expungement
Expungement means the court orders official records of a case destroyed or sealed, so the law treats you as if it never happened. In South Carolina, you can ask the family court to expunge records of a status offense (something only illegal for minors, like skipping school) or a nonviolent crime.
For a status offense, the judge must grant it. For a nonviolent crime, the judge may grant it. In both cases you must be at least 18, have finished your sentence, have no later offenses, and have no pending charges. If you were found not guilty, the court must expunge the record at any age, with no fee. Violent crimes cannot be expunged. The judge is supposed to explain these steps to you at the time of your case.
Finding a lawyer, and checking the curfew
The South Carolina Commission on Indigent Defense (SCCID) lists public defenders in every part of the state and provides lawyers for young people who cannot pay for one. Its website has a Find a Defender tool and a page on how to apply for an appointed attorney. SCCID says to go to the county where the charges are pending and contact a listed public defender there.
We found no statewide youth curfew in the Children's Code. Curfews in South Carolina are set by cities and counties, so check your own town's code, especially any exception for travel to and from work.
記住這些
- Under the definition in effect since July 1, 2019, most cases for people under 18 in South Carolina go to family court.
- Police must notify a parent as soon as possible, and a held child gets a detention hearing within 48 hours with a lawyer.
- Status offenses and nonviolent crimes can often be expunged after 18; violent crimes cannot.
- Use SCCID's Find a Defender tool to reach the public defender in the county where the case is.
資料來源
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