Are there any special considerations in criminal defense cases involving juveniles?

Yes, juvenile criminal defense cases in Hawaii have special considerations. Under Hawaii’s juvenile delinquency law, minors between the ages of 7 and 17 accused of committing a crime are treated differently than adults facing criminal charges. The primary goal of juvenile delinquency proceedings is to rehabilitate the minor, so punishments are often less harsh than the punishments for adults accused of similar crimes. When minors are accused of a crime, they must appear in Family Court, not criminal court. In Family Court, the proceedings are informal and the minor is usually not required to face his or her accuser. The minor and their guardian may also have access to a lawyer during the proceedings. In addition, the hearings are closed to the public and the media, meaning details of the proceedings will remain confidential. The Family Court Judge also has wide discretion when it comes to setting punishments for juveniles. Rehabilitation of the minor is a major goal, so the judge may order drug or alcohol counseling, community service, restitution, or other forms of rehabilitation. In extreme cases, the judge may order the minor to be placed in detention. However, if the minor has a clean record and the crime is a minor one, the judge may waive the charges entirely.

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