Defending Out-of-State Visitors Facing Charges in Hawaii

Going on vacation in Hawaii is a dream for many people. The beautiful beaches, lush forests, and island culture make it a paradise. But sometimes, visitors can find themselves on the wrong side of the law while visiting our 50th state. Getting arrested – especially in a place far from home – can be scary and overwhelming.

As a defense attorney in Hawaii, I’ve helped numerous out-of-state visitors who faced criminal charges during their time here. In this article, I want to walk through some of the common issues that come up, and provide guidance on how visitors can protect themselves if they end up dealing with the legal system in Hawaii.

Understanding Hawaii’s Laws

One of the first things to understand is that Hawaii has its own local laws, separate from federal laws. So the legal system here may operate differently than someone is used to back home. For example:

• Marijuana is still illegal for recreational use in Hawaii, even though some states have legalized it
• Hawaii has strict laws about bringing undeclared plants, fruits, and animals into the state
• There are laws unique to Hawaii regarding cultural sites, hiking trails, and ocean/beach activities

Visitors may not realize that something they do routinely back home could be illegal here. It’s important to research Hawaii state laws and be aware of these differences.

Common Crimes Visitors Get Charged With

Some of the most common criminal offenses visitors get arrested for include:

• Driving Under the Influence (DUI) – The legal limit in Hawaii is .08 blood alcohol content (BAC), and police strictly enforce this through checkpoints and patrols. The penalties for a Hawaii DUI conviction can include fines, license suspension, and even jail time in certain cases.
• Drug Possession – Getting caught with illegal drugs like marijuana, cocaine, ecstasy or prescription medications without a valid prescription can lead to criminal charges.
• Disorderly Conduct – Disorderly conduct covers a wide range of activities like public intoxication, excessive noise, offensive language, and other disruptive behaviors.
• Assault – Getting into a fight or altercation with someone, especially if injuries are involved, can result in assault charges.
• Theft – Shoplifting, stealing valuables from a hotel or rental property, or taking items from the beach can lead to theft charges.

Visitors may feel like they can relax and let loose while on vacation, but this can result in behavior they’d never engage in back home. It’s important to be aware of local laws and avoid conduct that could lead to criminal charges.

Getting Arrested as a Visitor

If you do get arrested in Hawaii as a visitor, here’s what you can expect:

• You’ll be taken to the local police station and “processed” – photographed, fingerprinted, etc.
• Officers will search your belongings and inventory any items taken from you.
• You can ask to make a phone call to contact friends/family.
• If suspected of DUI, you’ll likely be asked to take a breathalyzer or blood test.
• You may be held in jail until you can post bail or until arraignment.

The whole experience can seem overwhelming in an unfamiliar place. But remember you have legal rights throughout the process, such as the right to remain silent and the right to an attorney.

Getting Out of Jail in Hawaii

After being arrested, visitors will want to get out of jail as quickly as possible. There are a few options to post bail and be released until your court date:

• Pay the full bail amount set by the court.
• Use a bail bonds agent to post a percentage of the full bail (usually 10-15%).
• If bail is low enough (e.g. under $500) you may be released on your own recognizance without posting bail.

Having a lawyer argue for lower or no bail is extremely helpful. They know how to advocate to the judge on your behalf.

Finding a Local Criminal Defense Attorney

The worst mistake an out-of-state visitor can make is trying to navigate Hawaii’s legal system alone. Local laws and procedures will be foreign. That’s why finding an experienced local criminal defense attorney is critical.

Look for a lawyer who:

• Has practiced criminal defense in Hawaii for many years.
• Has experience defending visitors like you.
• Understands how prosecutors handle visitor cases.
• Can negotiate with police and prosecutors on your behalf.

Ideally, find a lawyer right away after being arrested. This ensures your rights are protected from the start. An attorney can help arrange bail, advocate for charges to be dropped or reduced, and start building your defense strategy.

Fighting the Charges Against You

An experienced Hawaii criminal defense lawyer will thoroughly examine the charges and evidence against you, and identify any potential defenses. Here are some of the most common defenses we raise on behalf of visitors facing charges in Hawaii:

• Illegal search and seizure – We scrutinize how evidence was obtained. If there were any violations of your rights, the evidence can be suppressed.
• Miranda rights violations – If police continue questioning you after you invoke your right to silence, your statements may be excluded.
• Invalid or inaccurate breath/blood tests – The testing equipment must be properly maintained and calibrated. We look closely at the test procedures used in DUI cases.
• Misidentification – Witnesses can sometimes identify the wrong person. We review photographic lineups and interview witnesses to protect against mistaken ID.
• Self-defense – When charged with assault, we investigate whether your actions were legally justifiable self-defense.
• Mental health defenses – In some cases, mental health episodes or disabilities can form the basis of a defense or mitigation.

These are just a few examples. An experienced lawyer will pursue every avenue to get charges reduced or dismissed where possible. The goal is to minimize the long-term impact on your life and criminal record.

Considering Plea Deals

Many visitor cases do end up settling through plea agreements rather than going to trial. This involves pleading guilty or “no contest” to the charges in exchange for an agreed upon penalty. Typical terms may include:

• Pleading to a reduced charge – e.g. reckless driving rather than DUI.
• Recommendation for lighter sentencing – e.g. probation vs. jail time.
• Agreement to expunge charges after probation completion.
• Charges dismissed in exchange for community service or fines.

Your lawyer will advise if a plea deal seems in your best interest, and negotiate the most favorable terms possible. They’ll also explain the immigration consequences if relevant to your situation.

Considering Trial vs. Plea Deal

Deciding whether to take a case to trial is a major decision. On one hand, a trial risks harsher penalties if convicted. But you also have the chance of being acquitted if the state doesn’t meet their burden of proof. Your attorney will help weigh factors like:

• Strength of the evidence against you.
• Potential penalties you’re facing if convicted.
• Your finances and ability to pay for a trial.
• Any immigration issues if not a U.S. citizen.
• Your comfort with the risk and uncertainty of trial.

Together you can decide the best path forward – trial or plea deal – based on the unique circumstances.

Avoiding Jail Time for Visitors

For visitors facing charges in Hawaii, the prospect of jail time can be terrifying. Sitting in a Hawaii jail cell was likely the furthest thing from your mind when planning your island getaway.

Fortunately, many visitor cases result in no jail time even for serious misdemeanors like DUI, assault, or theft. Fines, probation, community service and other penalties are common. But for visitors, we work hard to avoid active jail time through strategies like:

• Arguing for release on your own recognizance rather than bail.
• Filing motions to dismiss the charges or suppress evidence.
• Negotiating plea deals with no jail recommendations.
• Presenting mitigating factors to judges and prosecutors.
• Proposing alternative sentencing options besides incarceration.

While we can’t guarantee no jail time, an experienced lawyer maximizes your chances of remaining free as your Hawaii case is resolved.

Leaving Hawaii Before Your Court Date

Many visitors need to return home before their Hawaii court date arrives. As long as the proper steps are taken, you can go home and fly back for court proceedings.

First, your lawyer must get the prosecutor and judge’s approval for you to leave Hawaii. This may require some negotiation. It also helps if you can show ties to your home state, like a stable job, that ensure you’ll return.

You’ll need to provide local contact information so the court can reach you. And you must book travel to arrive in time for all hearings, meetings, etc. Failure to appear can result in arrest warrants or forfeiting bail money.

Finally, understand that if you miss a court date after leaving Hawaii, the case continues without you. You could be convicted without even being there to defend yourself.

Clearing Your Record After Charges

If you end up convicted of a crime in Hawaii, one option to limit long-term damage is getting your record expunged after completing your sentence. Expungement removes the conviction from public records.

Hawaii allows record expungement for certain non-violent, low-level offenses after a period of time has passed. Your attorney can advise if you qualify. They can also file the petition and represent you at the expungement hearing.

Having your record cleared of Hawaii convictions can be crucial for visitors whose jobs, education or reputation may be impacted.

Avoiding Future Problems When Visiting Hawaii

The best way to deal with criminal charges in Hawaii is to avoid them completely! Here are some tips for visitors to stay out of legal trouble on future Hawaii trips:

• Research Hawaii’s laws and know what’s legal vs illegal.
• Limit alcohol consumption and don’t drive after drinking.
• Avoid illegal drugs like marijuana.
• Be respectful in neighborhoods; don’t make excessive noise.
• Treat natural areas and cultural sites with respect.
• Control emotions and walk away from confrontations.

Following the laws may seem limiting, but will ensure your Hawaiian vacation stays trouble-free. Plus, you’ll avoid the headaches and costs of dealing with Hawaii’s legal system.

Finding the Right Lawyer for You

If you do end up arrested as a visitor to Hawaii, having the right lawyer makes all the difference. Look for someone experienced specifically in visitor defense cases. Understand the laws and procedures here are very different than other states.

A knowledgeable Hawaii attorney will protect your rights, advocate for you, and get you home as quickly as possible. Don’t leave anything to chance – your freedom, criminal record, and reputation are on the