When Can a Minor Be Tried as an Adult in Hawaii Criminal Court?
In Hawaii, a minor can be transferred to adult criminal court if they are at least 16 years old and charged with a felony, or 14 and older for Class A felonies, serious bodily injury offenses, or murder. The Hawaii Family Court must formally approve this transfer through a waiver of jurisdiction.
Understanding the Gravity of Adult Prosecution for Minors
Finding out that your child has been arrested is one of the most terrifying experiences a parent can face. In Hawaii, the juvenile justice system is generally designed to rehabilitate rather than punish. However, when a minor is accused of a particularly severe crime, prosecutors may attempt to transfer the case out of the juvenile system and into adult criminal court. Whether you live in Honolulu, Hilo, or Kailua, understanding the legal threshold for this transfer is critical.
When a minor is tried as an adult, they lose the protective shield of the Family Court. They face public trials, mandatory minimum sentences, and a permanent criminal record that will follow them for the rest of their life. Because the stakes are incredibly high, it is highly recommended to seek immediate counsel. By browsing our directory, you can find a dedicated local criminal defense lawyer who understands the nuances of the Hawaii legal system and can fight to keep your child's case in juvenile court.
Minimum Age for Adult Prosecution in Hawaii
Hawaii law strictly regulates the age at which a minor can be prosecuted as an adult. The process is governed by a 'waiver of jurisdiction', meaning the Family Court voluntarily gives up its authority over the child.
Under Haw. Rev. Stat. § 571-22, the standard minimum age for a minor to be tried as an adult is 16 years old. To trigger a waiver at age 16, the minor must be accused of an offense that would constitute a felony if committed by an adult. Furthermore, the court must determine that there is no evidence the child is committable to an institution for individuals with intellectual disabilities or the mentally ill, and that the child is not treatable in any available institution or facility within the state (or that community safety requires judicial restraint beyond minority).
However, under Haw. Rev. Stat. § 571-22(b), minors who are 14 or 15 years old can also be waived to adult court if they are accused of an offense that would be a felony resulting in serious bodily injury, a Class A felony, or if they have multiple prior felony adjudications. Additionally, under Haw. Rev. Stat. § 571-22(d), any minor alleged to have committed first- or second-degree murder or attempted murder can face a waiver petition to adult court regardless of general age minimums.
The Process: From Family Court to Circuit Court
The journey from juvenile court to adult court involves a specific procedural path. It does not happen automatically; it requires a formal hearing.
How Waiver Petitions are Argued
The process begins when the prosecuting attorney files a petition for waiver of jurisdiction in the local Family Court, such as the Family Court of the First Circuit, Kapolei or the Family Court of the Second Circuit, Wailuku. During the waiver hearing, the judge evaluates several critical factors. These include the seriousness of the alleged offense, the minor's previous history with the juvenile justice system, and whether the minor's character and lifestyle show a pattern of criminal behavior.
Your defense attorney will argue that your child is amenable to rehabilitation and should remain in the juvenile system. They may bring in child psychologists to testify. The legal precedent set in In the Interest of Doe, 61 Haw. 48 (HI Supreme Court 1979) established that the Family Court must conduct a full investigation and provide a statement of reasons before granting a waiver, ensuring that the minor's due process rights are protected during this critical phase.
Consequences of Being Tried as an Adult
If the judge approves the waiver, the minor's case is transferred to the standard adult Circuit Court, such as the First Circuit Court, Honolulu. The consequences shift dramatically.
- Adult Sentencing: The minor is no longer subject to juvenile detention limits (which typically end at age 19). They can face decades in prison, including serving time at the Oahu Community Correctional Center, Honolulu.
- Public Records: Juvenile records are sealed to protect the child's future. Adult criminal records are entirely public. A felony conviction will appear on background checks for housing, college applications, and employment.
- Loss of Civil Rights: If convicted of a felony as an adult, the minor will lose their right to own a firearm and may face restrictions on voting rights while incarcerated.
Step-by-Step Defense Strategy
Defending against a waiver petition requires swift and strategic action.
Step 1: Requesting a Psychological Evaluation
Your attorney will typically request an independent psychological evaluation to prove that the child is still developing and is highly amenable to rehabilitation within the juvenile system.
Step 2: Gathering Character Evidence
The defense team will collect letters of support from teachers, coaches, and community leaders in Hawaii to demonstrate that the alleged crime is an isolated incident and not reflective of the child's true character.
Step 3: Contesting the Waiver Hearing
During the hearing, your lawyer will challenge the prosecutor's evidence and formally oppose the transfer. If necessary, they will file a formal written motion to deny waiver of jurisdiction or an opposition to the petition for waiver of jurisdiction under Hawaii Family Court Rules to document their defense.
How Much Does a Juvenile Defense Lawyer Cost?
Handling a waiver of jurisdiction for a severe felony is a complex, high-stakes legal matter. In Hawaii, private criminal defense attorneys typically charge a retainer ranging from $5,000 to $15,000, depending on the severity of the charge (such as murder versus a lower-level felony) and the complexity of the psychological evidence required. If the case is transferred to adult court, trial fees will be substantially higher.
| Minor's Age | Offense Type | Transfer Eligibility |
|---|---|---|
| Under 14 | Any Offense (except Murder/Attempted Murder under § 571-22(d)) | Generally retained in Family Court |
| 14 or 15 | Class A Felony, Serious Bodily Injury, Multiple Prior Felonies, or Murder | Eligible for waiver to adult court |
| 16 or 17 | Any Felony | Eligible for waiver to adult court |
Frequently Asked Questions (FAQ)
Can a minor be tried as an adult for a misdemeanor in Hawaii?
No. Under Hawaii law, a minor can only be subjected to a waiver of jurisdiction and transferred to adult criminal court if the alleged offense would be classified as a felony if committed by an adult.
Does the Family Court automatically transfer serious cases?
No transfer is purely automatic. The prosecutor must file a petition, and the Family Court judge must hold a full hearing and make specific statutory findings under Haw. Rev. Stat. § 571-22, including that the minor is not treatable in juvenile facilities or that the safety of the community requires judicial restraint beyond the person's minority.
What happens if my child is denied transfer but found guilty in juvenile court?
If the case remains in Family Court, the child will face juvenile penalties, which focus on rehabilitation, probation, or placement in a youth correctional facility like the Hawaii Youth Correctional Facility (HYCF), typically ending when they reach adulthood.
Can an adult conviction be erased from my child's record later?
Adult felony convictions are extremely difficult to expunge in Hawaii. Unlike juvenile records which are sealed, an adult felony conviction usually remains on their permanent criminal record unless they secure a specific gubernatorial pardon.
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