Will I Have to Pay for Expert Witnesses in My Hawaii Criminal Case?

Being charged with a crime in Hawaii can be an overwhelming and scary experience. As your case progresses, you may find yourself needing to hire expert witnesses to help defend against the charges. But experts can be expensive. So do you really have to pay for expert witnesses yourself or is there any way to get the court to cover the costs?

This article will walk through everything you need to know about paying for expert witnesses as the defendant in a Hawaii criminal case. We’ll cover:

• What are expert witnesses and when are they used? #
• Do I have to pay for expert witnesses myself? #
• What if I can’t afford an expert witness? #
• How much do expert witnesses cost? #
• Tips for keeping expert witness costs down #

We’ll also look at the specific laws and court rules in Hawaii that govern compensation of expert witnesses.

Our goal is to provide a helpful overview so you know what to expect when it comes to paying for expert testimony in a Hawaii criminal case. Let’s get started!

What are expert witnesses and when are they used?

Expert witnesses are professionals who provide opinions and testimony related to some specialized knowledge or expertise they have. Common types of experts used in criminal cases include:

• Forensic experts like crime scene investigators, ballistics specialists, or DNA analysts
• Medical experts like coroners, toxicologists, or doctors
• Financial experts like accountants or fraud examiners
• Psychiatric experts
• Use of force/police practices experts

The role of expert witnesses is to analyze evidence and provide opinions that can help the judge or jury better understand the facts. Their specialized knowledge and credentials make their testimony more credible and influential than a lay person.

Prosecutors and defense attorneys alike can use expert witnesses to strengthen their case. For example, the prosecution may hire a forensic scientist to analyze DNA evidence found at the crime scene. As the defendant, you may want to hire your own DNA expert to critique the prosecution’s testing methods. Or if your defense relies on a mental health argument, you would likely need to hire a psychiatrist to evaluate you and testify.

Expert testimony is often crucial in complicated cases involving forensic evidence, medical findings, financial crimes, or situations requiring specialized knowledge. Determining what experts to use and how to pay for them can be a key part of building an effective defense.

Do I have to pay for expert witnesses myself?

In most cases, the answer is yes – if you want to present expert testimony as the defendant in a Hawaii criminal case, you will need to cover the costs of hiring the expert. The government is not obligated to pay for expert witnesses for the defense.

The key rules that place the burden of payment on the defendant are Hawaii Rules of Penal Procedure Rule 28 and Hawaii Revised Statutes § 621-7.

For example, HRS § 621-7 states that witnesses called on behalf of the defense in a criminal case are entitled to the same witness fees and mileage expenses as witnesses for the prosecution.

But it also specifies that these fees are “to be paid by the defendant and taxed and collected as costs in the same manner as other costs against the prosecuting officer in the proceedings.”

So in the end, the defendant is still responsible for fronting the money and paying the expert witness fees, even if they may be later taxed against the prosecution as costs.

There are some limited exceptions where the court may determine the compensation of an expert witness and direct payment out of public funds. But generally you need to plan on covering the costs yourself up front.

What if I can’t afford an expert witness?

The reality is hiring expert witnesses can be expensive, with fees ranging from $100 to $500+ per hour depending on the field and experience level of the expert. If you can’t afford to pay these rates, all hope is not lost. Here are some options to explore:

• Request public funds – In limited circumstances, the court may determine that expert testimony is essential to your defense and there are no adequate alternatives. If so, the judge has discretion to direct payment out of public funds. You would need to file a motion detailing why the expert is necessary and your inability to pay. The court may also impose a spending cap.
• Ask the expert to reduce their fee – Some experts may be willing to offer discounts or lower rates for defendants who can’t afford their full fees, especially in serious criminal cases. It doesn’t hurt to explain your financial situation and ask if they’re open to reducing their rates.
• Find a less expensive expert – Look for younger professionals, those outside big metro areas, or even credentialed hobbyists who can provide analysis for much less. You trade top-tier experience for a lower cost.
• Only use the expert for key tasks – Limit the scope to essential items like reviewing lab results, examining crime scene evidence, or answering specific questions. Don’t have them sit through the whole trial or over-prepare.
• Share costs with co-defendants – If you have multiple defendants, you may be able to share expert witness costs by having the expert testify on behalf of all of you.
• Borrow the money from friends/family – As a last resort, you may need to borrow funds and then repay it over time. But expert testimony could be worth it if it helps avoid a conviction.

Getting creative with payment options often makes hiring an expert feasible even with limited funds. Don’t give up hope if you initially think you can’t afford it.

How much do expert witnesses cost?

Expert witness fees can vary substantially based on these factors:

• Expert’s field and level of experience – A top forensic pathologist may charge over $500 per hour, while a junior toxicologist may charge $150 per hour. Highly specialized fields tend to have higher rates.
• Type of work performed – Reviewing lab results is quicker than poring through case evidence and preparing detailed testimony. Expect to pay more for extensive trial preparation and testimony time.
• Location – Experts in large metro areas like Honolulu tend to have higher rates than those in Hilo or Kauai. Travel costs may also apply for experts flying between islands.
• Retainer vs hourly – Some experts require an upfront retainer before starting work, while others simply bill by the hour. Retainers provide the expert guaranteed income.
• Contract terms – Experts may charge minimum hours for court appearances, add administrative fees, or require payment upfront or within 30 days. Read contracts closely.
• Expenses – Beyond hourly fees, expect to cover travel, lodging, copying costs, and other expenses experts incur related to the case.

As a ballpark range, expect to pay $100 – $500+ per hour. But get quotes upfront so you can budget accurately.

And remember, more expensive doesn’t always mean better. Find an expert with sufficient credentials and experience for your specific needs.

Tips for keeping expert witness costs down

Beyond the options we already covered, here are some additional tips for minimizing how much you pay for expert witnesses:

• Provide documents, evidence, and background to the expert early to reduce time spent reviewing.
• Be clear upfront about the scope of work needed so the expert doesn’t go beyond it.
• Compare rates of multiple experts before selecting one.
• See if you can use reports or testimony from prior similar cases rather than starting from scratch.
• Don’t reinvent the wheel – if the expert’s opinion aligns with the prosecution, see if you can stipulate to it rather than paying for duplicative analysis.
• Record video depositions rather than having experts testify live when possible.
• Ask about cost-saving options like discounts for prepaid blocks of time.
• Get cost estimates in writing so there are no surprises.

With some savvy negotiation and cost-control measures, you can obtain quality expert testimony without spending exorbitant amounts. Don’t let potential expenses deter you from retaining experts who could be crucial for your defense.

Conclusion

Paying for expert witnesses as the defendant in a Hawaii criminal case is often necessary but can also be a significant expense. Be aware that the costs fall on you rather than the government. But don’t let limited funds prevent you from using experts entirely. With some creative payment options, finding affordable experts, and controlling costs, it is possible to get expert help even on a tight budget.

Hopefully this overview gives you a better understanding of what to expect when it comes to paying for expert testimony in your Hawaii criminal case. Expert witnesses are there to help strengthen your defense – so don’t neglect this important resource over concerns about money. With smart planning, you can obtain the expert support you need without breaking the bank.