Legal Question in Criminal Law in South Carolina

Assault and Battery on a minor

A young man who is not a member of my family but is treated like one and comes from a poor family has been arrested for assault and battery for beating up another student in school. He was arrested today around 12:00 noon and was told he would not be released or see the Judge until his accuser or the victim appears in front of him. His Grandfather has legal custody and was initially told he was not permitted to see him. After a discussion with myself he called back and was granted permission to see him for 15 minutes. He is 17 years old and has never been in trouble before. I am not completely clear on exactly what happened but the summary is food was thrown at him and he confronted the table and an individual said something and words were exchanged between the two. The minor I am speaking for poked him on the forehead and the other person pushed him hard. At that time he was tackled and many punches were thrown on the injured who is definitely much smaller than the accused.. I don't understand why he is being detained until the injured party can appear in court and would also like to know how long they can detain him? How long does the individual have before he has to appear? I do know he was taken to the hospital and is hurt.


Asked on 12/18/07, 7:18 pm

1 Answer from Attorneys

Robert Johnston Law Offices of Robert J. Johnston

Re: Assault and Battery on a minor

I'm assuming he has been charged as an adult? The reason he is being detained awaiting the victim to appear in court, is because his court proceeding is a bond hearing, and the law says that the victim has the right to appear in court at the bond hearing. If the victim does not appear in a reasonable time, or declines to appear, then they will have the hearing without him. Chances are tomorrow you will know if he will be appearing or not and will know when the hearing will be. Quite possibly it will be some time tomorrow. What county is this in? [email protected]

Robert Johnston

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Answered on 12/18/07, 7:32 pm


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