There are high legal standards to uphold when dealing with juvenile charges in South Carolina, including understanding everything the legal system entails. At Touma & Fedalei, we are dedicated to helping juvenile clients facing criminal charges throughout Greenville County, and providing them with the legal representation they need to protect their rights and build a strong defense. A juvenile offense can still result in severe penalties including jail time, so having an attorney with experience defending juveniles can make all the difference in the outcome of your case.
My Child Was Arrested in Greenville, SC. How Do I Get Them Out of Jail?
A child arrested in South Carolina is not eligible for bail, meaning there is no set amount to get them released. As a balance to this, your child will have an earlier date for their hearing than an adult would in equivalent circumstances. This is the legal standard throughout the state and is something you can rely on.
Learn More: Misdemeanor possession in SC
If you find yourself in this situation, the best thing you can do is speak with a criminal defense lawyer. They will know the ins and outs of juvenile detention and the process involved building a defense while making sure that every avenue is explored. A talented and experienced lawyer will do everything available to them to ensure your child is out of jail as quickly as possible.
What Rights Does a Criminal Juvenile Defendant Have in South Carolina
Juvenile defendants have legal rights that must be upheld no different to any other defendant. These include:
The 4th Amendment: No Unreasonable Search and Seizure
Individuals, juvenile offenders included, can be unreasonably searched by the government or agents of the government. This will include any items not included with criminal offense. This does not preclude any type of search, as reasonable cause can allow searches in South Carolina.
The 5th Amendment: No Self-Incrimination
Juveniles are protected from any form of self-incrimination under U.S. law. These individuals cannot give testimony against themselves and have the right to work through the witnesses presented for and against them at a legal proceeding. Their criminal defense lawyer is permitted to confront testimony brought forward by juvenile court prosecutors and their witnesses.
The 6th Amendment: Speedy Trial
Juveniles have a right to a quick and public trial when applicable. This trial will be heard by a qualified jury of the State. Juvenile proceedings are to be held where the crime took place and will be based on the laws of that locality. The defendant is supposed to be made aware of what wrongs they have committed and what charges they face.
The 8th Amendment: No Mandatory Life Without Parole
Juveniles are exempt from mandatory life sentencing without the possibility of parole. This holds true for non-homicide cases and can depend on the specifics of an offense, but is generally a legal right granted to juvenile offenders.
Experienced Greenville juvenile criminal defense lawyers will be able to offer appropriate guidance throughout the process and walk you through what to expect for your criminal charge. They will work to protect your rights and explain what pitfalls you may face throughout your case.
Should My Child Have a Lawyer Before Speaking with the Police?
This is one of the most common questions asked by parents is whether their child needs an attorney when speaking with police officers. It is critical that you take the right steps from the start of the legal process.
The best option for you from the start is to consult with a juvenile defense lawyer. Having your child face legal trouble can be an incredibly challenging time, but an attorney with plenty of experience working with juvenile offenders will ensure that the right steps are taken to protect your child and that their legal rights are upheld.
Hire a Greenville Juvenile Criminal Offense Lawyer
If your child is facing criminal charges the first thing you should do is hire a Greenville county criminal defense attorney. You should make initial contact with your attorney as soon as possible to get the involved in your child's legal situation from the start. At TF Law, we will work to protect our juvenile client from rights abuses, walk you through all the legal options for them, and build a strong defense if the case goes to trial. Call us today or schedule an appointment online for an initial consultation on your case.