When can a juvenile case be referred to adult court?
In South Carolina, a juvenile case can be referred to adult court if the juvenile is at least 13 years of age and is accused of a violent crime such as armed robbery, murder, or other serious felonies. Additionally, the juvenile may be referred to adult court if the court determines that the charges should be heard in an adult court. The Juvenile Justice Code in South Carolina states that a juvenile can be tried as an adult if they committed a violation of the general statutes and either the juvenile was at least 16 years of age when the violation was committed or the court determines that the seriousness of the violation indicates that a sentence in an adult court is appropriate. The court can also refer a juvenile case to adult court if the juvenile is charged with certain drug-related offenses, such as trafficking or manufacturing, and is at least 13 years of age. Furthermore, a juvenile can be tried as an adult if the juvenile has been found guilty of certain offenses in juvenile court two times before and is at least 14 years of age. In some cases, a juvenile accused of a violent crime can be granted a transfer hearing. During this hearing, the court determines whether the juvenile should be tried as an adult. The court considers the severity of the crime, the maturity of the juvenile, prior offenses, and the consequences the juvenile may face in adult court.
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