Defense structure, 2017

  • Organization

    Localized

  • Oversight

    Full oversight

South Carolina provides counsel to indigent youth at the trial level through a county-based system with state oversight.  Visit the National Juvenile Defender Center's South Carolina state profile for more details.

Waiver of counsel, 2014

A juvenile may waive his or her right to counsel however in instances that could require detention the juvenile must consult with an attorney or parent.

  • Restrictions on waivers
  • No restrictions
  • Reflects laws as of the end of 2013 legislative sessions.
  • Age

    No restrictions

  • Crime

    No restrictions

  • Hearing

    No restrictions

  • Placement

    Juveniles cannot waive right to counsel if possibility of specified placement(s).

Timing of counsel, 2013

In South Carolina, an attorney for a juvenile can be appointed at the following points in the process: Detention Hearing / First Court Appearance / Arraignment; Loss of Freedom / Institutionalization / Commitment / Imprisonment.

  • Reflects laws as of the end of 2013 legislative sessions.

Indigency requirements, 2013

Indigency determination: Judicially

South Carolina law for indigent juveniles is governed by both juvenile and adult statutes, which provide a determination of indigency. In South Carolina, under the Defense of Indigents Chapter, by statute, special juvenile law education / training / experience/ program for appointed juvenile counsel. Indigency is judicially determined.

About this project

Juvenile Justice GPS (Geography, Policy, Practice, Statistics) is a project to develop a repository providing state policy makers and system stakeholders with a clear understanding of the juvenile justice landscape in the states.

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