The moment your child is charged with a crime in Myrtle Beach may be the most frightening day of your life. When your child is charged with a crime, emotions run high. In Myrtle Beach and Horry County, Juveniles under the age of 17 are prosecuted for offenses in the Family Court in South Carolina by the Horry County Solicitor’s Office. The Juvenile Criminal Defense Lawyers at The Lovely Law Firm represent juveniles charged with a crime. Juveniles can be charged for offenses or crimes committed at school or for crimes and offenses committed out of school in the public domain. Every juvenile must be represented by an attorney in the Family Court and a Guardian ad litem may also be appointed for the child. Below is an overview of the process.
Taking into Custody
An arrest of a juvenile is when they are taken into custody. At this time, law enforcement either detains the juvenile or releases the juvenile back to the parents. The Juvenile and parents will be contacted by the Department of Juvenile Justice in order for the agency to conduct their intake.
The DJJ will notify the Juvenile of an interview date and time by mail. The interview will take place at the Horry County DJJ office. Background information and school information are obtained at the interview. The DJJ will use information from these interviews to make their determination at the court hearing.
A detention hearing must be held within 48 hours of the time the child was taken into custody, excluding weekends and holidays, and no juvenile should be detained for more than 90 days absent exceptional circumstances. (See S.C. Code Ann. §20-7-7215)
The DJJ representative will submit his or her recommendation at this time on whether or not the juvenile shall remain in detention pending further hearings.
The judge takes into account all evaluation reports and other information to determine the appropriate punishment for the child. At this hearing the Juvenile Criminal Defense Lawyers have time to present an argument and defense to the Judge on behalf of your child.
Punishment may include Probation, DJJ detention, and other determinations as ruled by the Judge.