What is the process of transferring a juvenile case to adult court?

In South Carolina, a juvenile case may be transferred to adult court if the juvenile has been accused of a serious violent offense. This process can be initiated either by the prosecutor or by the court, and is dependent on the circumstances of the particular case. The transfer process begins with the judge, who will consider factors such as the juvenile’s age, prior record, and the nature of the crime in order to determine whether to allow the case to proceed in juvenile court or to transfer it to adult court. The judge may then hold a transfer hearing to evaluate whether the juvenile will get a fair trial in adult court. During the hearing, witnesses may be called to testify regarding the juvenile’s criminal activity and background. The judge may also review documents, statements, and evidence related to the case. Once the judge makes a decision, the judge will either deny the transfer, meaning the case will proceed in juvenile court, or the judge will order the transfer of the juvenile case to adult court. In the event of a transfer, all subsequent court proceedings will take place in adult court.

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