Juvenile Defense Lawyers in Charleston, South Carolina

Juvenile Attorneys in Charleston

If your child has been arrested in Charleston, Mount Pleasant, or the surrounding areas, then you need a lawyer who understands the juvenile justice system. Stephan Futeral and Thomas Nelson have over 55 years of combined experience defending juveniles.

Hiring a juvenile defense attorney from Futeral & Nelson is more affordable than you might think. Also, we offer payment plans and discounts for the children of law enforcement, military, and firefighters. Call Futeral & Nelson today for a FREE and confidential meeting. We’ll cover everything you need to know about the South Carolina Juvenile Justice System and how we can help your child and your family.

Who Is a Juvenile in South Carolina?

Under S.C. Code Ann. § 63-19-20(1), a “child” or “juvenile” generally is a person under 18 years old. Family Court generally hears cases alleging that a child violated the law. 

There is an important exception. For purposes of the Juvenile Justice Code, a person who is 17 years old and charged with a Class A, B, C, or D felony, or with a felony carrying a maximum prison term of 15 years or more, is not treated as a “child” or “juvenile.” The solicitor may, however, remand a 17-year-old charged with one of those offenses to Family Court for disposition of the charge. An additional or accompanying charge associated with the serious-felony charge must be heard by the court that has jurisdiction over that serious-felony charge. 

Your Child Is in Custody: What Happens Next

When an officer takes a child into custody for allegedly violating a criminal law or ordinance, South Carolina law does not treat that action as an arrest. The officer must notify the child’s parent, guardian, or custodian as soon as possible. Unless the court orders otherwise, the officer may release the child to a parent or another person or placement authorized by law upon a signed written promise to bring the child to court when directed. If the child is not released, the officer must immediately notify the Department of Juvenile Justice, whose representative reviews the circumstances and advises on the need for detention. Secure juvenile detention is subject to statutory eligibility requirements; it is not automatic. 

If the officer has not released the child to a parent or other responsible adult, the court must hold a detention hearing within 48 hours after the child was taken into custody, excluding Saturdays, Sundays, and holidays. The Department of Juvenile Justice submits a report and recommendation. The court must appoint counsel if the child has not retained a lawyer. A child may proceed without counsel at the hearing only if the child waives that right after consulting with an attorney at least once. 

At the hearing, the court determines whether probable cause justifies detaining the child and whether continued detention is appropriate and necessary. If the child does not qualify for detention or otherwise does not require it under the statutory standards, the court must release the child to a parent, guardian, or other responsible person. If detention continues, the child is entitled to another review within 10 days after the initial detention hearing, another within 30 days after the 10-day hearing, and review at other times for good cause on motion of the child, the State, or the Department of Juvenile Justice. Secure confinement may not exceed 90 days except in exceptional circumstances determined by the court. 

What Parents Should Do in the First 48 Hours

1. Find out where your child is and what allegation is being made. Contact the officer or agency that took your child into custody. The officer must notify a parent, guardian, or custodian as soon as possible. If your child has not been released, the officer must notify the Department of Juvenile Justice. Ask where your child is being held and when a detention hearing is scheduled. 
2. Help your child avoid discussing the incident with others. Encourage your child to speak with a lawyer before discussing the allegations with other young people in detention or over a detention-facility phone. Do not assume those conversations are private; ask counsel about the facility’s call procedures and how your child can communicate confidentially with counsel.
3. Do not question your child about the details yourself. Do not assume that a conversation between a parent and child is legally privileged. Let your child speak privately with a lawyer first, and ask the lawyer how best to discuss the allegations as a family.
4. Prepare a practical release plan. Gather information about where your child would live, school attendance, your work schedule, who could supervise your child after school, and any counseling or activities already in place. Share it with counsel so the court can consider whether your child could be supervised at home or in a less restrictive setting. Eligibility for secure detention does not make detention mandatory when adequate supervision is available. 
5. Contact a lawyer before the detention hearing. If the officer has not released your child to a parent or other responsible adult, the court must hold a detention hearing within 48 hours after your child was taken into custody, excluding Saturdays, Sundays, and holidays. The court must appoint counsel if none has been retained. At the hearing, the court decides whether probable cause justifies detention and whether continued detention is appropriate and necessary. A child may proceed without counsel only after consulting an attorney at least once and waiving the right to counsel. 

A Common Misunderstanding: “It Goes Away at 18”

Many parents believe a juvenile record disappears automatically when their child turns 18. It does not. South Carolina generally keeps juvenile court and law-enforcement records confidential, but confidentiality is not the same as expungement. The law permits disclosure to certain people and agencies, and turning 18 does not itself erase a record. 

A person taken into custody, charged, or adjudicated delinquent for a status offense or a qualifying nonviolent crime may petition Family Court for expungement of the official records. It is not automatic. Eligibility depends on the offense and the person’s history. Ordinarily, the court cannot grant expungement unless the person is at least 18, has completed any disposition, has had no subsequent adjudication or criminal conviction, and has no pending criminal charges. A person found not guilty at a Family Court adjudicatory hearing can obtain an expungement without meeting the age requirement. An adjudication for a violent crime cannot be expunged under this statute. 

A juvenile matter can have consequences beyond the courtroom, but disclosure is not unlimited. South Carolina law allows or requires information about certain juvenile charges or dispositions to be shared with a school principal. The school must maintain the information confidentially and limit access to appropriate school personnel; the law also addresses when the school must destroy its copy of the child’s offense history. Whether a college application or military enlistment process calls for disclosure depends on the questions asked and the applicable rules. A child should not assume either that the record is publicly available or that it has disappeared at 18; review any application carefully and seek legal advice before answering questions about a juvenile matter. 

Keeping the Case Out of Court

Some juvenile cases can be resolved through diversion rather than a formal Family Court adjudication. In Charleston and Berkeley Counties, the Ninth Circuit Solicitor’s Office may consider eligible children for its Juvenile Arbitration Program. A first offense may be a reason to ask about the program, but being a first-time offender does not guarantee acceptance. Eligibility and referral depend on the charge and the program’s current criteria. If accepted, the child works through requirements established through the arbitration process; completing those requirements may allow the matter to be resolved without formal adjudication. Families should confirm the specific terms of any proposed referral before agreeing to participate.

We can review your child’s charge and circumstances, ask whether diversion is available, and help present the information relevant to acceptance. For a fuller walk-through from the child’s being taken into custody through disposition, see our guide to the South Carolina juvenile justice system.

A practical tip: A school may address the same incident through its own disciplinary process, separate from any juvenile case. Tell us promptly about a school meeting, investigation, or suspension notice. Before your child gives a statement about the incident at school, speak with counsel about whether that statement could also become relevant to the juvenile matter.

Our Juvenile Defense Services – Free Consultation

We strive to be the best at what we do. That’s why we’re top-rated (AV) by Martindale-Hubbell, Stephan Futeral is rated 10 (Superb) by AVVO, Thomas Nelson is one of Super Lawyers Rising Stars, and clients endorse us with 5 stars ★★★★★ on Google Reviews. If you need a juvenile defense attorney for any of the following, then contact us today:

5. malicious injury to property

6. incorrigibility

7. truancy

8. running away

1. Weapons charges

2. possession of drugs

3. underage drinking

4. assault and battery

5. malicious injury to property

6. incorrigibility

7. truancy

8. running away