How Does the Law Handle Drug Charges for Minors?
If your child is facing drug charges, you are likely wondering what will happen next. Will my child be charged in criminal court? Will they have a record? Thankfully, South Carolina focuses on rehabilitating minors who have ended up on the wrong side of the law. Rather than punishment, this process focuses on accountability and guidance. At Ryan Beasley Law, we know that you are going through a stressful time. Our drug possession attorneys will review your child’s case to inform you of your legal options.
What Happens After a Juvenile is Charged with Drug Possession?
In most cases, the South Carolina judicial system does not charge minors in adult criminal court, but rather in family court. After a minor is charged, the police officer will file a report with the Department of Juvenile Justice (DJJ). These cases are reviewed by the DJJ. Based on the circumstances, your teen may be eligible for the Juvenile Drug Intervention Program, offered by the circuit solicitor’s office.
In South Carolina, diversion programs often involve counseling, community service, and treatment programs. However, your child’s eligibility will depend on the type of offense, its severity, and whether they have a criminal record. If your teen was charged with drug trafficking or distribution charges, a diversion program is typically not available. In this case, you will proceed to court.
Penalties for Juvenile Drug Offenses
If your teen’s drug case does go to court and a judge renders a guilty verdict, legal consequences may entail:
- Mandatory counseling
- Placement in a rehabilitation center or drug treatment program
- Community service hours
- Automatic six-month driver’s license suspension, potentially up to one year
- Loss of college financial aid
- Juvenile detention (more serious cases)
- Probation (behavioral restrictions)
Collateral Consequences
A common misconception is that a juvenile record simply disappears at age 18. It does not. While juvenile records in South Carolina are confidential and not available to the general public, they are not erased automatically. Prosecutors and courts can access them in future proceedings, and they may surface when your child applies to the military, law enforcement positions, or jobs requiring a security clearance. Some college applications also ask about prior adjudications.
South Carolina law does allow many juvenile records to be expunged, but only after your child turns 18, only for certain offenses, and only by petitioning the court. Until that happens, the record exists. A drug adjudication can also carry immediate practical consequences, including a driver’s license suspension that complicates school, work, and extracurricular schedules.
The better path is keeping the record from being created in the first place. Our legal team will advocate for diversion or pre-trial intervention wherever possible, which allows the charge to be dismissed and your child to move forward without a record following them into adulthood.
Contact Our Spartanburg Drug Possession Lawyers Today
If your teen has been charged with drug possession, your first call should be to Ryan Beasley Law. Our team of legal professionals has helped numerous families navigate the court system and is happy to assist you. To arrange your consultation with one of our Spartanburg drug possession attorneys, contact us online or by phone at (864) 756-4204 today.