Honolulu, HI asked in Civil Rights, Constitutional Law, Criminal Law, Family Law and Juvenile Law for Hawaii

Q: If police charge a child was in possession of a detrimental drug, do they arrest the child? What is the process? -Hawaii

1 Lawyer Answer
James L. Arrasmith
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  • Criminal Law Lawyer
  • Sacramento, CA

A: In Hawaii, when a child is charged with possession of a detrimental drug, the process typically involves law enforcement and the juvenile justice system. However, the approach can vary depending on the specific circumstances and the severity of the offense.

Initially, police may detain the child to ensure safety and conduct a preliminary investigation. This does not always mean formal arrest; it could be a temporary situation for questioning and assessment. The focus is often on understanding the context and ensuring the child's wellbeing.

The case is then usually referred to the juvenile court system. Here, the emphasis is on rehabilitation rather than punishment, recognizing that children are still developing and may benefit more from guidance and support than traditional criminal penalties.

Legal representation is crucial in these cases. An attorney can help navigate the complex juvenile justice system, advocate for the child's rights, and seek a resolution that prioritizes the child's future and wellbeing. It's important to act promptly and seek legal advice to ensure the best possible outcome for the child involved.

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