When Can a Juvenile be Tried as an Adult in Court in South Carolina?

In the state of South Carolina, the question of when a juvenile can be tried as an adult in court can be more complicated than most parents imagine. There are various factors that come into play, including the severity of the offense committed, the age of the juvenile, and their prior criminal history. Additionally, the South Carolina juvenile justice laws grant judges the discretion to transfer a case from juvenile court to adult court if certain criteria are met.

If your child faces any type of criminal allegations, you need an experienced Conway criminal defense attorney who can effectively advocate for the rights and best interests of the juvenile defendant. Contact The Law Office of Brad C. Richardson for skilled and knowledgeable legal representation immediately.

Understanding the Criteria for Transfer to Adult Court

Under South Carolina law, the criteria for transferring a juvenile to adult court can be found in Section 63-19-1210 of the South Carolina Children’s Code. According to this code, a juvenile who is fourteen years of age or older may be transferred to adult court if they are alleged to have committed a “serious offense.” Serious offenses are those that, if committed by an adult, would be classified as a felony punishable by a minimum of five years imprisonment.

In determining whether a transfer to adult court is appropriate, the judge must consider several factors, including:

• The juvenile’s age
• Prior adjudications or convictions
• The sophistication and maturity of the juvenile
• The nature of the offense
• The viability of rehabilitation efforts in the juvenile justice system

This decision is made on a case-by-case basis, and the judge has discretion to weigh all relevant factors.

Factors Considered in Transfer Hearings

When a request is made to transfer a juvenile from the juvenile system to adult court, a transfer hearing is conducted to determine if the transfer should be granted. During this hearing, the judge will consider evidence presented by both the prosecution and the defense.

The prosecution will typically argue that the juvenile should be tried as an adult due to the seriousness of the offense and the need for accountability. On the other hand, the defense will present arguments emphasizing the juvenile’s age, potential for rehabilitation, and the adequacy of the juvenile justice system in addressing their needs.

The judge will also take into account any mitigating circumstances, such as the presence of mental health issues or a history of trauma, that may have contributed to the juvenile’s involvement in the offense. Ultimately, the judge will assess whether transferring the case to adult court serves the interests of justice and the best interests of the juvenile.

Given the critical nature of transfer hearings and the potential consequences that can arise from being tried as an adult, it is imperative for juveniles and their families to seek the assistance of a skilled and knowledgeable defense attorney. A Conway juvenile defense lawyer familiar with South Carolina law and the transfer process can provide the guidance and representation needed to navigate this challenging situation.

Consult a Conway Juvenile Defense Lawyer Now

If you or someone you know is facing the possibility of being tried as an adult in Conway, South Carolina, contact The Law Office of Brad C. Richardson for skilled and knowledgeable legal representation. Don’t let your child face these serious charges alone – let us fight for you.