Juvenile Defense Attorney Dedicated to Your Well-being

Sarji Law Firm, LLC. > Practice Areas > Juvenile Defense Attorney Dedicated to Your Well-being

Imagine this: Your child, a straight A student and model citizen, suddenly faces a legal predicament. The ordeal is not only distressing but navigating the complex maze of the juvenile justice system can be overwhelming. But don’t lose hope, with the right knowledge and assistance from a seasoned juvenile defense attorney in Charleston SC, you can protect your child’s future. The South Carolina Juvenile Justice System is complex. Penalties can be harsh and except for status offenses, a juvenile may be committed to the Department of Juvenile Justice for an indeterminate period, until he or she reaches the age of 21, on any criminal offense. We at Sarji Law Firm are here to guide you on this journey.

Leslie Sarji has 25 years of experience defending juveniles in family court, proudly serving Charleston, Berkeley, and Dorchester Counties. We know how to deal with the prosecution and seek to obtain a positive resolution for each individual child, no matter how serious the charges are. Reach out to us to benefit from Leslie Sarji’s wealth of experience and ensure that your child receives the dedicated and knowledgeable representation they deserve. Our commitment is to navigate the complexities of juvenile defense, crafting a strategic approach to secure a favorable result for your child, even in the face of serious charges. Call us today at 843-722-5354 to schedule a consultation and take the first step in safeguarding your child’s future.

Understanding the Juvenile Justice System in Charleston, SC

In Charleston, South Carolina, a juvenile refers to someone who has allegedly committed a criminal or status offense before reaching their 18th birthday, typically between the ages of 11 and 16. The Family Court holds jurisdiction over all juvenile cases, with the possibility of a juvenile being on probation until they reach 20 years of age.

If a juvenile is referred for prosecution due to criminal charges, a caseworker evaluates the child’s case, determining their needs and imparting information to the parents about the system, as well as identifying suitable services for the juvenile.

The Role of the Family Court Judge

The Family Court Judge in Charleston plays a significant role in juvenile cases. Their responsibilities include:

  • Adjudicating cases
  • Ensuring due process
  • Determining delinquency
  • Deciding on outcomes, including placement 
  • Collaborating with other professionals in the child’s welfare.

When evaluating juvenile cases, the judge assesses the following:

  • The substantiation of the allegations, which could include whether the juvenile was in possession of something such as a deadly weapon during the offense
  • Various factors such as the child’s age and the stability of the home environment
  • Any evidence or testimony presented during the proceedings.

Juvenile vs. Adult Court: Key Differences

The juvenile and adult court systems in South Carolina have key differences. The type of offense and sometimes the age of the juvenile determine whether a case is heard in juvenile or adult court. Violent offenses like murder may be tried in adult court, depending on the juvenile’s age.

A status offense is an action that would not be considered an offense if committed by an adult, such as running away from home or truancy. In contrast, a criminal offense would lead to charges for both adults and juveniles. The decision to try a juvenile as an adult is based on various factors, including the seriousness of the offense.

The transfer of a juvenile case to adult court involves a waiver process based on criteria outlined in the South Carolina Code of Laws, Title 63, Chapter 19, and can be found at Section 63-19-1210.

Getting Legal Help for Juvenile Legal Matters: From Status Offenses to Felonies

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Embarking on the path of resolving juvenile legal matters, whether they involve status offenses, probation violations, or more serious charges like misdemeanors and felonies, requires a dedicated and experienced legal advocate. At Sarji Law Firm, we are dedicated to providing unwavering support for juveniles navigating the complexities of the legal system. From minor infractions to significant legal challenges, we are committed to securing favorable resolutions for young individuals, recognizing the critical role these legal proceedings play in shaping their futures. Trust us to guide you through every aspect of juvenile legal matters, ensuring a steadfast and effective approach tailored to your unique situation.

Status Offenses

Children can be charged with a status offense, which means the offense would not be a punishable offense if committed by an adult. Some examples include truancy, running away from home, or being incorrigible. Positively working with juveniles at this juncture may be a major turning point in the life and future of the child.

Probation Violations

At Sarji Law Firm, we are vigorous and experienced advocates for children who have violated a condition of probation. The court has great discretion in imposing a penalty and we work diligently to obtain a successful conclusion for our clients.

Misdemeanors & Felonies

Juveniles charged with crimes may be taken into custody and detained at a juvenile detention center. A hearing must be held within 48 hours to determine whether there will be continued detention or if the child can be released to his or her parents pending further proceedings.

Juveniles are not entitled to a jury trial. If a juvenile takes a case to trial, it will take place in the family court and the judge will decide if there is enough evidence to prove the child committed the offense, beyond a reasonable doubt. If found guilty, the court has the discretion to fashion an appropriate penalty.

Navigating Charges: Juvenile Criminal Defense Strategies

When a juvenile is charged with a crime, the formulation of defense strategies becomes paramount. For violent crimes, these strategies may include self-defense or the use of force to prevent a crime. In situations involving drug-related offenses, defense strategies could consist of seeking dismissal of the charges, retaining a criminal defense attorney, or considering alternative options such as drug treatment programs or probation.

Leslie Sarji provides defense for juveniles against charges such as:

  • disorderly conduct
  • public drunkenness
  • trespassing
  • stalking
  • phone threats
  • possession of drugs
  • Burglary
  • shoplifting

Even misdemeanor charges may lead to juvenile detention or a significant probation period, emphasizing the need for an effective defense strategy.

Dealing with Violent Crime Allegations

Juveniles can face charges for a range of violent crimes, including:

  • arson
  • assault
  • battery
  • murder
  • robbery

as defined by Section 16-1-60 of the South Carolina law. If an individual is 17 years or older at the time of the crime, they will face adult charges. For younger individuals, the consequences hinge on the specifics of the case and the gravity of the offense.

Potential defense strategies for addressing charges of juvenile violent crime in South Carolina could include:

  • Challenging the evidence
  • Claiming self-defense
  • Proving lack of intent
  • Presenting mental health or psychological issues
  • Exploring Juvenile Diversion Programs

Factors such as the juvenile’s home environment and the presence of violence in the home can affect the outcome of juvenile violent crime cases.

Addressing Drug-Related Offenses

The prevalent categories of drug-related violations among juveniles encompass possession of drugs, drug trafficking, and drug manufacturing. Penalties for these offenses vary, with consequences ranging from thirty days of incarceration to a maximum of ten years in prison, depending on the specific controlled substance involved.

Juvenile drug-related offenses are typically addressed through the following programs:

  • Juvenile Drug Court Program: an outpatient treatment initiative designed to assist juveniles dealing with addiction.  
  • Alcohol Education Program (AEP): a diversionary program that offers educational, counseling, and treatment alternatives to prosecution
  • Pre-Trial Intervention (PTI): a diversionary program that offers educational, counseling, and treatment alternatives to prosecution
  • Juvenile Arbitration – a diversionary program that offers an alternative to formal prosecution of charges.  

These programs provide alternatives to traditional prosecution and aim to help juveniles overcome addiction and make positive changes in their lives.  It is of utmost importance that once a diversionary program has been implemented in a juvenile’s case, that they follow through with completion of the program.  Otherwise, the charges can be restored and pursued in family court.  

Defense strategies may involve:

  • Contesting the legality of the search and seizure process
  • Questioning the credibility of the presented evidence
  • Advocating for rehabilitation programs
  • Seeking reduced or dismissed charges due to insufficient evidence or other legal reasons.

The Critical Stages of Juvenile Criminal Proceedings

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The initial stage of juvenile criminal proceedings may involve the minor being taken into custody and potentially detained in a juvenile facility, separate from adults.

A detention hearing takes place within 48 hours of a minor being detained. If the minor is continued in detention, they have the right to a subsequent hearing within ten days of the initial one, and again within thirty days of the ten-day hearing. These hearings serve to evaluate the necessity of ongoing detention and safeguard the minor’s rights.

From Arrest to Detention Hearing

When a juvenile is detained in Charleston, SC, the process closely resembles that of an adult arrest, with the child being taken into custody by a law enforcement officer. A juvenile may be detained post-arrest in any case, but will likely be detained in any event if they have been alleged to have committed a violent offense or were discovered to be in possession of a lethal weapon during the offense.

Leslie Sarji has experience in juvenile defense and assists in preparing for a detention hearing, which includes the collection of police reports and communication with the juvenile’s prosecutor.

Preparing for the Adjudicatory Hearing

An adjudicatory hearing can be a trial or a plea of guilty.  A trial is where the juvenile contests the allegations made against them. A judge determines the guilt of the juvenile based on the standard of proof beyond a reasonable doubt, similar to an adult trial. 

Preparing for an adjudicatory hearing involves the following steps:

  1. The preparation of a petition by the juvenile court solicitor
  2. Obtaining a Department of Juvenile Justice (DJJ) evaluation of the juvenile
  3. Conducting the adjudicatory hearing with a family court judge
  4. An evidentiary hearing where both sides present arguments and evidence.

Diversionary Programs and Alternative Sentencing

Diversionary programs and alternative sentencing provide juveniles with an opportunity for rehabilitation instead of prosecution, offering them a second chance. They aim to:

  • Hold youth accountable in a manner that circumvents formal legal sanctions
  • Divert them from the formal court system’s procedures
  • Harness support from their community and families
  • Reduce their involvement with the criminal legal system.

Understanding Diversionary Programs

Arbitration, pre-trial intervention, and mentorship programs are among the diversionary programs available within the Charleston juvenile justice system. These programs aim to establish accountability for youth behavior without resorting to legal sanctions and court oversight, offering a supportive avenue for youth with the involvement of their communities and families.

To qualify for these programs, individuals are usually first-time juvenile offenders charged with non-violent crimes and must not have any significant criminal arrests or convictions on their record as juvenile offender.  Getting into a diversionary program is in the Solicitor’s discretion.  

The Benefits of Alternative Sentencing

Alternative sentencing encompasses the utilization of options other than incarceration for juvenile offenders, including:

  • community service
  • therapy
  • sports programs
  • supervised release
  • counseling with job training

These options provide juveniles with support, rehabilitation, and education, addressing underlying issues and aiding juveniles in reintegrating into their communities, potentially lowering the likelihood of repeat offenses.

Protecting Your Child’s Future: Expungement and Record Sealing

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Expungement and record sealing are legal procedures that can safeguard a child’s future. Expungement refers to the destruction of all official records of a juvenile who has been adjudicated delinquent upon reaching the age of 18.

Record sealing refers to the act of concealing or sealing a juvenile’s criminal records from public access, providing them with a new beginning and safeguarding their future prospects.

Eligibility Criteria for Expungement

To be eligible for expungement, a juvenile must meet the following criteria:

  • Be 18 years of age or older
  • Have completed their sentence without any additional convictions
  • Have no convictions or pending charges for other delinquent or criminal offenses

The prosecution exercises discretion in the granting of expungement, thereby determining whether to remove a juvenile’s criminal record from public visibility based on the circumstances presented.

The Process of Sealing Juvenile Records

The process of sealing juvenile records involves the following steps:

  1. Determine eligibility
  2. Obtain and complete the necessary forms
  3. Gather supporting documents
  4. File the forms
  5. Pay the filing fee
  6. Await the decision.

The sealing of juvenile records can have a variable duration and entails fees including $250.00 for the solicitor’s office, $25.00 for the South Carolina Law Enforcement Division (SLED), and an additional $35.00.

Partnering with Sarji Law Firm for Juvenile Defense

Sarji Law Firm is dedicated to offering comprehensive representation in juvenile defense cases. Our juvenile crimes attorney in Charleston is responsible for representing juveniles and providing guidance throughout the legal process.

Our Commitment to Minors and Their Families

Sarji Law Firm is devoted to assisting minors and their families. We provide personalized legal representation and support, understanding the unique needs and challenges that families face, and offering compassionate and effective legal solutions.

We operate with the ideal interest of minors in mind by selecting therapists with extensive training and experience in handling custody cases involving children.

Leslie Sarji’s Extensive Experience in South Carolina Courts

Leslie Sarji, the attorney at Sarji Law Firm, has a wealth of experience in a wide range of juvenile cases, including:

  • Juvenile delinquency cases
  • Juvenile dependency cases
  • Juvenile status offenses
  • Juvenile probation violations

Her familiarity with the local legal system, comprehension of the distinct challenges encountered by juveniles, and successful defense strategies have led to favorable outcomes for her clients.

How Sarji Law Firm Can Help You

Understanding the juvenile justice system can be daunting, but with the right understanding and guidance, it doesn’t have to be overwhelming. The key to protecting your child’s future lies in understanding the system, knowing your rights, and finding a dedicated juvenile defense attorney. At Sarji Law Firm, we can be your ally in this journey, providing the necessary legal experience and compassionate support to ensure a beneficial result for your child’s case.

At Sarji Law Firm, we can assist families in dealing with legal matters and offer a unique approach in Family Court that includes:

  • Goal orientation
  • Compassion
  • Finding innovative solutions
  • Considering the family’s and children’s goals

This approach is crucial in juvenile defense.

If your child has been taken into custody or a petition has been filed alleging they have committed a criminal offense, reach us at our Charleston, Berkeley, and Dorchester Counties offices in South Carolina. Book a consultation with us by calling 843-722-5354 today.

Frequently Asked Questions

What are the roles and responsibilities of the juvenile defense attorney?

A juvenile defense attorney is responsible for researching and understanding the legal rights of their client, consulting with them, and pursuing available options post-disposition.

What is the definition of a juvenile in Charleston, SC?

In Charleston, SC, a juvenile is defined as an individual under the age of 18 who has allegedly engaged in criminal or status offenses.

What are some common defense strategies for juvenile cases?

Common defense strategies for juvenile cases include self-defense, seeking dismissal of the charges, and considering alternative options such as drug treatment programs or probation.

What are diversionary programs and how do they work?

Diversionary programs are alternatives to prosecution that aim to hold youth accountable without formal legal sanctions, redirecting them from the court system’s procedures.

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At Sarji Law Firm, We Focus On Family Court, Criminal Court, And Appellate Court Cases And We Are Here To Help You Navigate The Legal System.

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