What is the process for appealing a juvenile court decision?
In South Carolina, the process for appealing a juvenile court decision is similar to that of adult court cases. A Notice of Appeal must be filed with the appropriate appellate court within 30 days of the juvenile court’s ruling. The appellant must be represented by an attorney who specializes in appellate law throughout the entire appeals process. The case is then submitted to the appellate court for review. Typically, the appellate court reviews the decision based on a review of the written record that was created in the lower court. Oral arguments may also be requested by either party, depending on the nature of the appeal. The appellate court may affirm the lower court decision, reverse the decision (change it to the opposite of the lower court) or modify the lower court decision (change it in some way). After the appellate court makes its decision, the juvenile court order is then final and no further appeals may be taken. If the lower court’s decision is overturned, the juvenile court may be required to hold a new trial. Overall, the appeal process in South Carolina juvenile court cases is very similar to those of adult court cases. It can be long and complex, so being represented by an experienced appellate attorney is key.
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