What is the process for filing a petition for juvenile delinquency?
In South Carolina, if a juvenile is accused of a crime and is over the age of 12, they could be charged with delinquency, otherwise known as juvenile delinquency. This means that the juvenile was involved in an activity deemed criminal under South Carolina law. The process for filing a petition for juvenile delinquency begins with the filing of a Complaint by the Circuit Solicitor or a law enforcement officer. The Complaint must include the alleged offense committed by the juvenile, the juvenile’s name and address, and the date and location of the offense. The Complaint is then sent to the Family Court. The Family Court reviews the Complaint and summons the juvenile and his/her parent or guardian to appear in court. At the court appearance, the presiding judge will inform the juvenile of the charges and their rights. If the juvenile pleads guilty, the judge will take the plea and proceed with sentencing. If the juvenile pleads not guilty, the judge will set a date for a court trial. At the trial, a jury will hear evidence presented by the prosecutor and defense attorney. If the jury finds the juvenile guilty, the judge will impose a sentence, such as probation, placement in a juvenile detention facility, or another type of punishment. If the juvenile is found not guilty, the case will be dismissed and the juvenile will be released.
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