Hawaii Criminal Defense Attorneys

At DearLegal, we connect you with experienced Hawaii criminal defense attorneys who understand the state’s indeterminate sentencing structure, the HOPE Probation model, and Hawaii’s strong state-constitutional privacy protections under Article I, § 6. Whether your case is on O‘ahu, Maui, the Big Island, Kaua‘i, or Moloka‘i, we’ll match you with the right attorney — at no cost to get started.

No. Politely decline and ask for an attorney. HPD (Honolulu Police), county police, and Hawaii Sheriff use trained interrogation techniques. Anything you say is admissible. Invoke your Fifth Amendment rights and Hawaii Article I, § 14 right to counsel. Hawaii recognizes a state right against self-incrimination in some contexts.

Yes. Hawaii misdemeanors carry up to 1 year in jail and $2,000 fines under HRS § 706-663. Petty misdemeanors carry up to 30 days. Deferred Acceptance of Guilty Plea (DAG, HRS § 853-1) — a Hawaii-specific diversion — can result in dismissal upon completion. An attorney negotiates DAG, deferred acceptance of no contest plea (DANC), or charge reduction.

State cases go through Hawaii Circuit Court (felonies) or District Court (misdemeanors and traffic). Federal cases go to U.S. District Court for the District of Hawaii (Honolulu) under the U.S. Sentencing Guidelines. Federal cases in Hawaii commonly involve drug trafficking through Pacific routes, federal land/park offenses, immigration, and white-collar fraud.

Hawaii plea agreements under HRPP Rule 11 are negotiated between the County Prosecuting Attorney and defense. Pleas can include charge reductions, Deferred Acceptance of Guilty Plea (DAG, HRS § 853-1), Deferred Acceptance of No Contest Plea (DANC), and stipulated sentences. DAG/DANC successful completion results in dismissal — uniquely valuable in Hawaii given the limited expungement statute.

Hawaii expungement under HRS § 831-3.2 is narrow. Arrests without conviction are eligible. Certain drug paraphernalia cases. Most other convictions cannot be expunged in Hawaii. Successful DAG/DANC completion results in dismissal, which is not the same as expungement but achieves a similar practical result. Pardons by the Governor are another (rare) pathway.

Hawaii handles juveniles under 18 in Family Court under HRS § 571-11 et seq. Juvenile records are confidential under HRS § 571-84. Records can be expunged under HRS § 571-88. Transfer to adult court for serious offenses by 14+ year olds is possible under HRS § 571-22 — requires showing the juvenile is not amenable to family court treatment.

Hawaii OVUII (Operating a Vehicle Under the Influence of an Intoxicant) under HRS § 291E-61 uses .08 BAC (.04 commercial, .02 under-21). Implied consent applies under HRS § 291E-15 — refusal is a separate criminal offense (HRS § 291E-68). Ignition interlock required for all first-offense OVUII convictions for 1-year minimum under HRS § 291E-61.5. Third OVUII in 10 years is a Class C felony.

Why Do You Need a Criminal Defense Attorney in Hawaii?

Hawaii grades felonies as Class A, B, and C under HRS § 706-660, with indeterminate sentencing — the court imposes a maximum term and the Hawaii Paroling Authority sets the minimum and parole eligibility. Class A felonies max at 20 years; Class B at 10; Class C at 5. Murder First-Degree and certain offenses carry life without parole (HRS § 706-656). Hawaii has no death penalty (abolished 1957). Hawaii’s privacy clause (Haw. Const. Art. I, § 6) and search-and-seizure clause (Art. I, § 7) provide stronger protections than the Fourth Amendment alone — the Hawaii Supreme Court has frequently applied state constitutional standards more protectively. Hawaii legalized medical marijuana in 2000 (HRS § 329-121) but recreational use remains illegal — possession under 3g was decriminalized to a $130 fine in 2020 (HB 1383). The HOPE Probation program (Hawaii’s Opportunity Probation with Enforcement, HRS § 706-625(7)) pioneered swift-and-certain sanctions. Hawaii expungement under HRS § 831-3.2 is narrow (mostly limited to non-convictions). Hawaii’s public defender system (Office of the Public Defender) handles many cases and is well-regarded.

When Do You Need a Criminal Defense Attorney in Hawaii?

Our network includes Hawaii criminal defense attorneys who handle every kind of case, including:

Types of Criminal Defense Cases in Hawaii

From the moment you connect with a Hawaii criminal defense attorney, they go to work protecting your claim. The most common case types we handle:

Talking to HPD, Maui PD, Hawaii PD (Big Island), Kauai PD, or any officer without an attorney

Consenting to a search when Hawaii Article I, § 6/§ 7 may require a warrant

Missing a Hawaii court date — bench warrants and bail forfeiture follow

Posting about the case on social media — Hawaii Prosecuting Attorneys subpoena platforms

Deleting messages or photos from your phone — Hindering Prosecution (HRS § 710-1029) and tampering charges follow

Accepting the first plea offer without exploring DAG, DANC, drug court, mental health court, or HOPE

Talking to HPD, Maui PD, Hawaii PD (Big Island), Kauai PD, or any officer without an attorney

Consenting to a search when Hawaii Article I, § 6/§ 7 may require a warrant

Missing a Hawaii court date — bench warrants and bail forfeiture follow

Posting about the case on social media — Hawaii Prosecuting Attorneys subpoena platforms

Deleting messages or photos from your phone — Hindering Prosecution (HRS § 710-1029) and tampering charges follow

Accepting the first plea offer without exploring DAG, DANC, drug court, mental health court, or HOPE

Common Hawaii Criminal Defense Mistakes

Even a small misstep can hurt your case. Here’s what to avoid:

How Much Do Hawaii Criminal Defense Attorneys Cost?

Flat Fee

Most matters are billed as a flat fee per petition or filing — fee depends on case complexity.

Criminal defense attorneys in Hawaii work on hourly or flat-fee retainers — contingency fees are prohibited in criminal cases under Haw. R. Prof. Conduct 1.5(d) and ABA Model Rule 1.5(d). Misdemeanors and most felonies are flat-fee; complex cases use hourly billing. The Office of the Public Defender, State of Hawaii represents indigent defendants statewide.

What Can Your Hawaii Criminal Defense Compensation Include?

Charge Dismissal

Outright dismissal through motion to suppress (often successful under Hawaii’s strong privacy clause), motion to dismiss for insufficient evidence, speedy trial (HRPP Rule 48 — Hawaii has a 6-month speedy trial rule), or prosecutor nolle prosequi.

Charge Reduction

Reduction from felony to misdemeanor (HRS § 706-621 plea to lesser-included), removal of repeat offender or firearm enhancement allegations, or downgrade within felony classes.

Deferred Acceptance of Guilty/No Contest Plea

DAG (HRS § 853-1) and DANC — uniquely valuable Hawaii diversions. Defendant pleads guilty/no contest, court defers acceptance, places defendant on terms, and dismisses upon successful completion.

Plea Agreement

Negotiated resolution under HRPP Rule 11. Includes charge reductions, dismissed counts, drug court/mental health court entry, HOPE Probation, and stipulated sentences.

Trial Acquittal

Not guilty verdict by Hawaii jury or judge. Hawaii criminal juries are 12 for serious felonies, 6 or 12 for other criminal cases, and must be unanimous (Haw. Const. Art. I, § 14).

Post-Conviction Relief

Hawaii Rule 40 petition (HRPP Rule 40) for IAC, newly discovered evidence, illegal sentence, constitutional violations. No strict SOL but laches applies.

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DearLegal is a legal referral service, not a law firm. We connect individuals with licensed attorneys who can evaluate their case. Nothing on this page constitutes legal advice. Results vary based on individual circumstances.

Hawaii Criminal Defense Attorneys

Why Do You Need a Criminal Defense Attorney in Hawaii?

When Do You Need a Criminal Defense Attorney in Hawaii?

Types of Criminal Defense Cases in Hawaii

Common Hawaii Criminal Defense Mistakes

How Much Do Hawaii Criminal Defense Attorneys Cost?

What Can Your Hawaii Criminal Defense Compensation Include?

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