Best Juvenile Law Lawyers in Hawaii

About Juvenile Law in Hawaii, United States

Juvenile law in Hawaii is a specialized area focused on individuals under the age of 18 involved in the legal system. This branch of law covers a wide range of topics, including delinquency proceedings, child abuse and neglect, status offenses, truancy, and more. The primary goal is not simply punitive but rather rehabilitative, aiming to guide young individuals towards better choices through counseling, intervention programs, and age-appropriate consequences. Juvenile law also protects the legal rights of minors and ensures their cases are handled in a manner that prioritizes their well-being and future opportunities.

Why You May Need a Lawyer

Navigating juvenile law issues can be complicated, and there are several common situations where the help of a qualified attorney is critical. You may need a lawyer if your child is accused of committing a crime, faces school expulsion, is involved in child welfare or custody disputes, or is under the oversight of Child Protective Services (CPS). A lawyer can help ensure the minor’s rights are protected throughout every step of the process, explain legal proceedings in understandable terms, and advocate for the most favorable outcome. Legal help can also be vital in cases involving accusations of child abuse, neglect, or dependency, where the state may intervene in family matters.

Local Laws Overview

Hawaii’s juvenile justice system is governed primarily by state statutes and local court rules. Key features include:

• The Family Court handles juvenile matters, including delinquency, child protection, and status offenses.
• Juveniles in Hawaii are typically defined as individuals under the age of 18.
• The system emphasizes rehabilitation through counseling, community service, and treatment, rather than long-term incarceration.
• Certain serious offenses may result in a juvenile being tried as an adult, especially for violent crimes.
• Hawaii has diversionary programs and alternatives to detention, allowing some juveniles to avoid formal court proceedings for minor offenses.
• Parents or legal guardians have the right to be involved in their child’s legal process and are often required to participate in court proceedings.
• Records of juvenile proceedings are often sealed or confidential, but there may be exceptions for serious offenses.

Frequently Asked Questions

What is considered a juvenile under Hawaii law?

A juvenile is typically anyone under the age of 18 who has not been legally emancipated.

What types of cases are handled in Hawaii’s juvenile courts?

Juvenile courts in Hawaii handle criminal matters involving minors, status offenses (acts that are only illegal due to age, such as truancy or running away), and cases involving alleged abuse, neglect, or dependency.

Can a juvenile be tried as an adult in Hawaii?

Yes, in certain serious cases such as violent felonies or repeat offenses, the court may transfer a juvenile to adult court under specific guidelines.

Are juvenile records public in Hawaii?

Most juvenile court records are confidential and not available to the public, although there are limited exceptions for particularly serious offenses.

What are status offenses?

Status offenses are activities that are considered offenses solely because of the minor’s age, such as truancy, curfew violations, and running away from home.

Does a juvenile need legal representation?

While not strictly required, it is highly recommended that juveniles have legal representation to protect their rights and interests in court proceedings.

Can parents be held responsible for their child’s actions?

In some cases, parents may be held legally or financially responsible for their child’s actions, especially if neglect or lack of supervision is involved.

What is the process if Child Protective Services becomes involved?

If CPS is involved due to concerns of abuse or neglect, there will be an investigation, and court hearings may occur to determine the safety of the child. Legal representation for the parent or guardian is advisable.

What are common outcomes for juvenile offenses?

Outcomes range from dismissal of charges, diversion programs, probation, counseling, community service, or in rare cases, placement in a youth correctional facility.

What should I do if my child is arrested?

Immediately contact a qualified juvenile law attorney who can guide you and advocate for your child’s rights, explain the legal process, and help secure a fair outcome.

Additional Resources

If you need information or assistance related to juvenile law in Hawaii, the following entities may be helpful:

• Hawaii State Judiciary - Family Court Division
• Hawaii Office of Youth Services
• Child Protective Services (CPS) - Hawaii Department of Human Services
• Hawaii State Bar Association - Legal Aid and Lawyer Referral services
• Public Defender’s Office, Hawaii
• Volunteer Legal Services Hawaii

Next Steps

If you or your family are facing a juvenile law issue in Hawaii, take the following steps:

• Gather all relevant documents, such as court notices or CPS communications.
• Write down important details about the incident or concern while it is fresh in your memory.
• Contact a licensed attorney experienced in juvenile law as soon as possible for a confidential consultation.
• Cooperate with all investigations and legal proceedings, and make sure you understand your rights and responsibilities.
• Access local resources and support organizations if you need additional guidance or services.

Taking swift, informed action can help protect your family’s rights and lay the groundwork for a positive resolution.