When Are Juveniles Arrested as Adults?

In South Carolina, a young person faces adult charges at 18, or while they are 14 to 17, and is accused of a serious felony that could bring 15 years or more. Before most of those teens reach adult court, a Family Court judge must hold a hearing and waive authority over the case, a step central to any criminal defense plan from the very start.

What Is The Automatic Age Cutoff In South Carolina?

Age largely determines when a young person may face adult criminal charges in South Carolina. Once an individual reaches age 18, any criminal charges are automatically handled in adult court. State law also establishes a minimum threshold, as children under 14 cannot be prosecuted as adults under any circumstances.

For juveniles between those ages, a transfer to adult court is permitted only after the Family Court conducts a hearing and issues written findings explaining the reasons for the transfer. These protections provide younger children with important protections within the juvenile justice system.

When Can A Judge Waive Family Court Jurisdiction?

Between ages 14 and 17, the door to adult court opens only for certain charges, and a Family Court judge controls whether it actually swings open. The main situations that can allow a transfer include the following:

• Ages 14 to 16: serious felonies that carry 15 years or more.
• Age 17 and older: a broader set of felony charges.
• Any teen 14 or older: murder or criminal sexual conduct.

These transfer rules come from South Carolina Code Section 63-19-1210, and even then, a transfer is rarely automatic. The judge weighs the charge, the teen’s history, and public safety before deciding to send the case to the Court of General Sessions.

How Does The Transfer Process Work?

The case usually starts in Family Court, where the solicitor files a motion asking the judge to waive jurisdiction. Before the waiver hearing, a written evaluation looks at the teen’s background, school record, and mental health, and the judge weighs that report alongside arguments from both sides.

The teen cannot be moved to adult court until the judge signs an order explaining the decision. If the judge denies the request, the solicitor can appeal that decision within a few days.

What Happens After A Teen Is Tried As An Adult?

Once a case lands in adult court, the stakes climb sharply, because the protections built into the juvenile system fall away. For a teen, a conviction in the Court of General Sessions can bring the following:

• Sentencing under adult penalty ranges
• Time in an adult correctional facility
• A lasting public criminal record
• Lost access to juvenile rehabilitation programs

A felony conviction can affect a young person’s educational, employment, and housing opportunities for years. Taking action before the waiver hearing often gives families the strongest opportunity to preserve future options and protect a child’s long-term interests.

How Our Firm Stands Beside Families In South Carolina

Few moments feel more frightening than learning your child could be charged as an adult, and the steps taken before a waiver hearing can shape the rest of their life. The Kinard Law Group brings over 50 years of cumulative experience to families facing these decisions. To protect your child’s future, reach out online or call (803) 359-1003 today.