Federal Crime Attorney in Honolulu

When a juvenile is found guilty of a criminal offense, the sentencing options are wide open for the judge. In Hawaii, the legal standard for the sentencing of a minor in family court is whatever is in the best interests of the minor. And that may include incarceration, but in most cases it requires or will entail strict supervision and counseling instead of jail time.

When children are arrested or under investigation, they have the same rights as adults to their right to counsel. So, not only do they have a right to speak to an attorney, but they also have a right to speak to their parents. However, you have to be careful, because like adults, they also have the ability to waive those rights. If your child is arrested, they should not talk to the police or investigators unless or until they exercise their right to talk to a lawyer and/or their parents.

Unlike adults, when juveniles are arrested for minor offenses, they do have the opportunity sometimes to participate in a diversion program. The purpose of the diversion program is to deal with minor offenses that children are routinely involved in, such as criminal property damage, trespassing, things like that. What happens is the police will actually notify the parents of the opportunity to participate in such a program and then their parents will take the kids down to the police station one evening and will go through a counseling session.

If they do so, then the case is usually not referred to the courts and the case is closed. If you are given this opportunity, you should still contact an attorney to make sure that that is in fact what is happening, because anytime you go down to the police station, you need to be careful.

The ability to post bail is different between juvenile and adult courts. In juvenile court, there is no right to post cash bail.

When a minor is arrested and held they will be taken before a judge. The judge can hold the minor without bail at the juvenile detention facility if that judge feels that the child is either:

• A flight risk
• A danger to the community
• Does not have a safe place to live

As a juvenile, you do not have a right to a jury trial. What that means is that your trial, your sentencing, and everything related to your case will be handled by a single judge.