For many families, the first time they hear the phrase juvenile drug charge, it can be one of the most stressful moments they’ve experienced as a parent. Questions start piling up quickly.
What happens now? Will my child have a record? How serious is this?
How does the state’s system treat young offenders? Fortunately, there is more focus on rehabilitation and accountability instead of punishment. Here is what you can expect if your child faces juvenile drug charges in SC.
The Juvenile Justice System in South Carolina
In South Carolina, most drug offenses committed by people under the age of 18 will go through the juvenile court system. They do not end up in adult criminal court. This court focuses more on accountability, guidance, and helping young people get back on track.
A juvenile is accused of committing a delinquent act, not a crime. While the terminology differs, the situation remains serious. For example, a juvenile drug case can lead to court hearings, probation, counseling requirements, and other consequences. All of these can affect a young person’s future.
What Are the Most Common Drug Charges for Juveniles?
Many of these drug-related cases involve possession offenses. This can be:
- Possession of marijuana
- Possession of controlled substances, such as prescription drugs without a valid prescription
- Possession of drug paraphernalia
- Distribution or intent to distribute drugs
The amount of the substance and the circumstances surrounding the incident play a major role in how the case is handled.
What Happens After a Juvenile Is Charged
The process begins when law enforcement files a report with the Department of Juvenile Justice (DJJ). These cases do not go to court, but they will be evaluated.
At this point, DJJ reviews:
- The circumstances of the alleged offense
- The juvenile’s history
- Other factors to determine how the case should proceed
Depending on the situation, there are several options. Sometimes, the juvenile may be eligible for diversion programs. These programs work to address the issue without formal court proceedings.
Many times, this does involve counseling, community service, educational programs, or substance abuse treatment. With the successful completion of a diversion program, a juvenile may be able to skip a formal delinquency adjudication.
If diversion is not appropriate, the case may move to family court.
What Happens Next in Family Court?
When a juvenile drug case goes to family court, a judge will review the evidence and determine what should happen next. There is no jury. It is the family court judge who decides whether the juvenile committed the alleged delinquent act.
If the judge determines that the juvenile is responsible, some of the consequences can include:
- Probation
- Mandatory drug counseling or treatment
- Community service
- Curfews or behavioral restrictions
- Placement in a treatment or rehabilitation program
- Commitment to a juvenile detention facility in more serious cases
Can Juvenile Drug Charges Affect the Future?
Many parents are concerned about whether a drug charge will permanently damage their child’s future. These records are treated differently from adult criminal records. In many cases, they are not publicly accessible. In most cases, they may be eligible for sealing or expungement.
However, that doesn’t mean the situation should be taken lightly.
A juvenile record can still have consequences for college applications, military enlistment, or background checks. You will want to address this issue right away and work with a South Carolina criminal defense lawyer. Taking steps to resolve the case immediately can make a big difference in minimizing the long-term impact.
Get Assistance After a Juvenile Drug Charge
Juvenile drug charges in SC are serious. The system treats young offenders differently from adults. But that doesn’t mean you should not get legal help for these cases. With the right support and legal representation, you can resolve the cases and help your child get back on track.
At Truslow & Truslow PA, we are ready to assist with these cases. Let us review your child’s case and give you a few options to move forward. Schedule a consultation today.