Your Rights When Being Arrested in Hawaii

Getting arrested can be a scary and confusing experience. As a citizen, you have certain rights that the police must respect during an arrest. Knowing your rights is the best way to protect yourself and make sure the arrest goes as smoothly as possible. This article will explain your key rights and what to expect if you are arrested in Hawaii.

Before the Arrest

• The police need “probable cause” to arrest you. This means they must have enough evidence to reasonably believe you committed a crime. They can’t arrest you without good reason.
• Police do not need a warrant to arrest you in public if they have probable cause. But they generally need a warrant to enter your home and arrest you there.
• You do not have to consent to any search of yourself, your car or your home. If police say they have a search warrant, ask to see it.
• Do not interfere with or obstruct the police – you could be arrested for that even if you are innocent of any other crime.
• Do not flee or resist arrest, even if you believe the arrest is unfair. This could lead to additional charges.

During the Arrest

• Stay calm and keep your hands visible. Avoid making sudden movements. Ask if you can lean against a wall or car if needed.
• Do not resist or fight with the officers. You will not win and it will only make things worse.
• Do not make threats against the police or attempt to bribe them. That can lead to additional charges.
• The police can search you and the immediate area for weapons and evidence. Do not physically interfere.
• The police do not have to read you your rights until they begin questioning you about a crime.

Your Miranda Rights

Once the police start questioning you about a crime, they must read you your “Miranda rights”:

• You have the right to remain silent. You do not have to answer any questions.
• Anything you say can be used against you in court.
• You have the right to talk to a lawyer and have them present during questioning.
• If you cannot afford a lawyer, one will be appointed to you before questioning.
• You can decide at any time to exercise these rights and not answer any questions or make any statements.

Questioning by Police

• You do not have to answer any questions, other than identifying yourself. You can invoke your right to remain silent at any time.
• Ask to speak with a lawyer immediately. A lawyer can help protect your rights.
• Do not discuss anything about your case without a lawyer present. What you say can hurt you, even if you are innocent.
• The police may lie and claim they have evidence against you to get you to talk. Do not fall for this. Stick to your right to remain silent.
• Be aware of your body language and tone. Stay calm. Do not get into an argument with the police.

At the Police Station

After arrest, you will be taken to the police station for booking. Here are your key rights:

• You have the right to know why you were arrested and see the arrest warrant if there is one.
• You have the right to make a local phone call to contact a lawyer, relative, etc. Police must allow this promptly after arrest.
• You (or your lawyer) have the right to see a judge within 48 hours for a bail hearing. Police cannot hold you indefinitely without charges.
• Police must allow you to consult with a lawyer promptly after you are arrested before any interrogation.
• You have the right to have a lawyer present during any police questioning.
• You may be asked to participate in a police lineup or provide a sample of your DNA. You can refuse without a court order.

Getting Out of Jail After an Arrest

After booking, the police have a few options:

• Release you without charges. They did not have enough evidence to charge you with a crime.
• Release you on your own recognizance. You promise to return for a court date but do not have to post bail.
• Set bail that you must pay to be released as you await trial. Bail is based on severity of charges and your flight risk.
• Hold you in jail until trial if you cannot afford bail or are considered a high flight risk. This requires pressing formal charges quickly.

As soon as possible, contact a lawyer and family members to help with your release. Hire a criminal defense lawyer to represent you. Do not take the charges lightly – your future is at stake.

Common Defenses Against Criminal Charges

If you are charged with a crime after an arrest, there are defenses a lawyer may use to get the charges reduced or dismissed:

• No probable cause for the arrest – The police did not have enough evidence to reasonably suspect you of committing a crime at the time of arrest.
• Unlawful search and seizure – The police searched you or your property without a valid warrant or reasonable cause. Evidence found may be inadmissible.
• Miranda rights violation – The police questioned you without reading you your Miranda rights or after you invoked your right to remain silent. Your statements may be inadmissible.
• Self-defense – You acted in self-defense against an assault and should not be charged with battery or assault.
• Misidentification – You were mistakenly identified as the person who committed the crime.
• Entrapment – The police induced or encouraged you to commit a crime you otherwise would not have.
• Intoxication – You were too impaired by drugs or alcohol to form the intent necessary to commit the crime.

Plea Bargaining

The vast majority of criminal cases end in plea bargains rather than trials. This involves pleading guilty in return for reduced charges or lighter sentencing. A lawyer can negotiate this for you. Benefits include:

• Avoid the risk of harsher punishment if convicted at trial
• Quick resolution so you can move on with your life
• Lighter charges that may avoid deportation or loss of civil rights

If you are innocent, you may want to reject a plea bargain and go to trial. Discuss options thoroughly with your lawyer.

Your Rights as a Juvenile

Juveniles have the same basic rights as adults during arrest. But police must also:

• Contact your parents/guardians as soon as possible after taking you into custody
• Keep you separate from adult inmates if detained
• Bring you before a judge within 24 hours for a detention hearing if not released
• Allow your parents to be present during questioning

Juveniles can be tried as adults for serious crimes like murder and rape. Talk to a lawyer to understand how the juvenile justice system works.

Avoiding False Arrests

While the police should respect your rights, mistakes do happen. Here are some tips to avoid false arrests:

• Always carry ID and do not lie about your identity if questioned.
• Do not flee or resist police orders, even if you believe you did nothing wrong.
• If police get hostile, stay calm and remind them you wish to remain silent until you can speak to a lawyer.
• Do not make voluntary statements without a lawyer present.
• If wrongly arrested, do not accept any plea bargain for a crime you did not commit.
• Be polite and compliant, but firmly invoke your right to remain silent and speak to a lawyer.
• If you believe you were wrongly arrested, contact a civil rights lawyer about possibly filing a lawsuit. Mistakes happen, but police must be held accountable.

Finding a Lawyer

If arrested and charged, immediately hire the best criminal defense lawyer you can afford. If you cannot afford a private lawyer, the court will appoint a public defender at no cost. Lawyers can be found through:

• The Hawaii State Bar Association lawyer referral service
• The Hawaii Association of Criminal Defense Lawyers
• Friends and family recommendations
• Online lawyer directories like Avvo

Meet with lawyers before hiring and discuss your case honestly. Compare fees and experience handling similar cases. This is not the time to skimp on legal representation.

Conclusion

Being arrested can be scary, but knowing your rights is empowering. The police must follow strict rules when it comes to searches, questioning, and treating suspects respectfully. While arrests do happen, you also have protections against false arrests and options like plea bargains. If charged with a crime after an arrest, immediately contact the best criminal defense lawyer you can find. With a good lawyer guiding you, the justice system will work as intended and your rights will be protected throughout the process.