Being the parent of a child who is even momentarily in trouble with the law in Hawaii or anywhere else isn’t easy. Nervous questions abound, among them:
- How does the legal process unfold?
- What’s the punishment?
- Is my child going to have a permanent criminal record?
The goal of this article is to provide parents, their minor children, and anyone else with an interest in Hawaii juvenile justice with resources that address these questions. Those who would like a broader understanding of juvenile law should check out Nolo’s center on The Juvenile Justice System. In addition, see our center on Juvenile Crimes, which has articles explaining common offenses minors face, from curfew violations to underage DUI. This center also has state-specific information on crimes like being a minor in possession of alcohol and teen sexting.
The Juvenile Justice Process
Each state has specially designated courts that deal with juveniles accused of crime. Even though the minor is charged with breaking the law, the proceedings are typically far different from what happens in adult court. In Hawaii, the State Judiciary provides a sketch of the system through its section on juvenile proceedings. The Judiciary's site also has information on family court programs, including juvenile services (in the First Circuit) and detention facilities.
Punishment for Juveniles
Juvenile courts typically have a variety of punishment options to choose from. These range from verbal warnings to placement in juvenile detention facilities. For a general overview, see Juvenile Court Sentencing Options. In terms of Hawaii, the National Center for Juvenile Justice has a helpful profile on the state system for handling juvenile offenders. There’s also the state Office of Youth Services, which has information on topics like in-community services, residential services, and the Hawaii Youth Correctional Facility. And the Hawaii Juvenile Justice State Advisory Council has information on the treatment of juvenile offenders. (Also, see the discussion of detention services on the State Judiciary page for family court programs.)
Juvenile Court Records
A big concern for parents is that juvenile court records will follow their children for life, heading off all kinds of employment, education, and other opportunities. Fortunately for many youthful offenders, there are procedures by which juveniles can have their records sealed for most purposes. Some states have limited automatic sealing, but in most instances, a former juvenile offender has to file a petition in court. For a range of general information on record sealing, see our center on Expunging or Sealing a Juvenile Court Record. And, to learn about the record-sealing process in Hawaii, see Expunging or Sealing a Juvenile Court Record in Hawaii.
Getting Expert Help
Although this article provides several resources for those encountering the juvenile justice system in Hawaii, resources can become outdated, and a comprehensive guide that explains all the issues in a given case isn’t possible. Even though there may be additional helpful government websites—whether on the state, county, or city level—a knowledgeable criminal defense lawyer can provide a fuller explanation of the law and your options. In addition, a lawyer may have invaluable experience with the local system and its players.
You can start a search for a local criminal defense attorney with Nolo’s Lawyer Directory. Make sure that any lawyer you choose has expertise in criminal defense in juvenile proceedings, and that you have enough information to trust him or her. (For more guidance, see Finding a Private Criminal Defense Attorney.)