Following a Risk of Injury to a Minor Allegation in Columbia

Following a risk of injury to a minor allegation in Columbia, you should seek the services of an experienced lawyer as soon as possible. Getting an attorney involved early in the process, will allow the lawyer to learn the facts of the case and start building a defense immediately. Risk of injury to a minor is a serious charge that can carry severe penalties. If you have been charged with a risk of injury to a minor offense, call a lawyer today.

Criminal Court Process of a Risk of Injury to a Minor

The criminal court process that follows a risk of injury to a minor allegation is different in each South Carolina county. After an arrest for risk of injury to a minor in Columbia, a bond hearing is held within 24 hours and there is the alleged offender’s first appearance in court. The defendant will learn about the aspects of their charge and the penalties associated with it. When the individual hires an attorney, the lawyer first files the letter of representation to the court. They also file motions for discovery pursuant to Rule Five of the South Carolina Rules of Criminal Procedure and Brady v. Maryland and its progeny. The prosecution then must provide all evidence that might absolve the person on trial.

Department of Children and Families Response to Claims

In South Carolina, the Department of Social Services (DSS) provides a variety of services and programs to promote the safety and well-being of children. Following a risk of injury to a minor allegation in Columbia, a caseworker is assigned to the case. They conduct an investigation of the matter that may include interviews with the parents and reviews of the home situation. When their investigation is complete, the caseworker makes a determination whether there is a need for emergency protective custody (EPC) because they need to remove the child from the custody of the parents. The custody case is handled in Family Court, not in General Sessions Court.

The caseworker responds aggressively when investigating these cases to determine whether it is in the best interest of the child is to remain in the custody of the parent or whether their safety is at risk. When there is a risk of harm, the caseworker may decide that the best course of action is removing the child from the parent or guardian until the issue is rectified and the court is satisfied. When they take the child into EPC, a guardian can be assigned to protect the interest and welfare of the child. Sometimes, the child is placed into foster care while the case is handled.

Role of a Risk of Injury Attorney in Columbia

Following a risk of injury to a minor allegation in Columbia, the first thing a lawyer does is preserve the defendant’s constitutional rights and starts building a strong defense. The lawyer conducts their own independent, full investigation to properly develop the best defense possible. The attorney ensures that the defendant’s rights are not being taken advantage of by the government. The seasoned lawyer will do whatever is required to represent, advocate, and defend you following a risk of injury to a minor charge.