Frequently Asked Questions
Criminal defense attorneys are often repeatedly asked the same questions by clients. We have listed some of them below. It is our hope that you find them informative. If you or someone you know has been charged with a crime in the State of Hawai‘i, you can contact us for a free consultation with a criminal defense attorney.
What Do I Do When Police Try to Question Me?
Having police question you can be stressful, worrying, and may cause fear or anxiety. These are all natural reactions, whether you are part of a formal interrogation or if police stop you on the side of the road. It is common to hear from clients that they participated in a conversation with police because they felt pressured, afraid, or unsure.
Know that it is your right to remain silent and that you do not have to answer any questions from police without a lawyer present. Do not allow police to tell you otherwise. If they attempt to question you, request to speak with your attorney and politely inform them that you will not be providing a response until your legal representation arrives.
Should I Give the Police My Side of the Story?
We strongly advise you to contact the experienced criminal defense attorneys at Hicks Law before giving a statement to the police regarding an incident you were involved in. Invoke your 5th amendment right to remain silent and let your attorney talk for you.
Do I Have To Allow Police Into My Home?
In criminal defense law, we often receive questions relating to the Fourth Amendment of the U.S. Constitution, which forbids illegal search and seizure. This legal right extends not just to your body, but also to personal property such as your home and vehicle. If police are attempting to enter your home, contact an attorney who specializes in criminal defense law such as Joanne Hicks immediately.
The short answer is that no, you do not have to allow police to enter your home. However, there are a few exceptions to this rule. For example, if law enforcement presents a warrant that is signed by a judge, they are legally entitled to enter the premises, conduct a search, and obtain any items or documents as noted in the warrant.
Another common question pertains to those who rent their homes and do not own the property. Can a landlord or property management company allow the police to enter your dwelling without your permission? The answer is still that, without a warrant, no they may not. Do not allow a property owner or the police to try to tell you otherwise and contact a criminal defense lawyer right away.
What Should I Do if There is An Arrest Warrant Out For Me?
Another common criminal defense question regards what to do if you find out that there is an arrest warrant for you. The first and most important thing to do is to remain calm and not panic. Gather all of the relevant information pertaining to the warrant, such as what jurisdiction the warrant is out of and what the alleged crime is, and then contact a defense attorney right away–before you contact the police. There are various types of Arrest Warrants in Hawai‘i, including Warrants of Arrest, Felony Information Warrants of Arrest, Grand Jury Warrants of Arrest, and court supervision/condition violation warrants.
A criminal defense lawyer, such as attorney Joanne Hicks at Hicks Law, will review the facts of your case and the circumstances surrounding the arrest warrant to provide legal guidance on next steps. If there is another person involved in the case, such as a co-conspirator or a victim, do not contact those individuals. Only a practicing lawyer can best advise you on what to do next–they may advise that you turn yourself in to the courts to avoid further penalties or there may be another option.
Should I Do Roadside Exercises (Standardized Field Sobriety Tests) or Provide a Breath Sample if I Get Pulled Over for DUI?
When an officer requests you to do roadside exercises, their request is not a requirement. These exercises are voluntary, and you do NOT have to complete them if you choose not to. While there may be negative consequences from this choice, they are 100% voluntary exercises.
Should you not provide a sample of your breath, your license can be suspended for a specific period of time, dependent on various circumstances. However, keep in mind, the more information you provide law enforcement, in the form of roadside exercises and breath samples or blood tests, the more evidence they will have to use against you.
What is the Difference Between an Infraction, Violation, Petty Misdemeanor, Misdemeanor, and Felony in the State of Hawai‘i?
In Hawai‘i, a traffic infraction generally includes violation of statutes, ordinances or rules relating to traffic movement and control, including parking, standing, equipment, and pedestrian offenses where the penalty does not include imprisonment. These matters are not criminal, but rather civil in nature. At Hicks Law, we are happy to assist you with traffic infraction matters, but may inform you that it is generally more cost-effective on your part to represent yourself. But if you want your day in court with an attorney by your side, we will gladly assist you by negotiating to mitigate your fine or take your case through a trial de novo ("TDN"). Sometimes there are grounds to dismiss a case. This can be determined after careful review of the case. Joanne Hicks is an attorney experienced with litigating hundreds of cases in District Court. A common example of a traffic infraction includes the offense of "Mobile Electronic Devices" (i.e. driving while holding a cell phone) under Hawai‘i Revised Statutes Section 291C-137, which currently has a statutory minimum fine of $300 plus fees.
A violation is similar to an infraction because a violation is not considered a crime. A violation is a non-jailable offense. An offense is considered a violation when there is no other sentence thana fine, or a fine and forfeiture, or other civil penalty, or if a statute explicitly states that an offense shall not constitute a crime, or if the statute specifically states that an offense is a violation.
An offense is considered a "crime" if a sentence of imprisonment is authorized by Hawai‘i statutes or administrative rules. There are three grades of crimes, which include (1) felonies (Attempted Murder and Murder 1 and 2, A, B, C), (2) misdemeanors, and (3) petty misdemeanors. Generally, something is classified as a felony if the term of imprisonment is greater than one year, a misdemeanor if imprisonment can be up to one year (or if a statute says so), and a petty misdemeanor is the maximum imprisonment can be up to 30 days in jail (or if a statute says so).
It is ALWAYS a good idea to be represented by defense counsel when faced with any charges by the State, and especially for criminal charges where you face the possibility of going to jail or prison.
What are the Different Types of Criminal Charges in the State of Hawai‘i?
If you have been charged with a criminal offense, or suspect that you may soon be charged with a criminal offense, it is CRITICAL that you obtain the help of an experienced criminal defense attorney. The sooner you get help, the better, even if you have not yet been formally charged. Sometimes it takes weeks, months, and even years after an incident occurs before formal charges are filed.
The purpose of a criminal charge is, in part, to inform the accused of the nature and cause of the accusation. The type of criminal charge received depends upon the class of offense(s) and in some cases, upon the discretion of the Prosecutor. In Hawai‘i, there are four possible types of criminal charges: (1) Citation, (2) Complaint, (3) Indictment, and (4) Information (i.e. "Felony Information" or "Felony Information and Non-Felony Complaint").
Citations can be issued in cases of traffic infractions, violations, and petty misdemeanors (except for DUIs). In this situation, a citation and an oral recitation of the essential facts constituting the offense charged is deemed constitute the complaint. The Citation is the document that is handed to you or left with you by a law enforcement agency, such as a Police Department (such as the Maui Police Department), Department of Land & Natural Resources Division of Conservation and Resource Enforcement ("DLNR - DOCARE"), Airport Police, and Humane Society. The Citation should inform you of a court date, time, and location to which you must appear. If you fail to appear on when you are supposed to, then a bench warrant for Failure to Appear or Contempt of Court may be issued for you. .
Complaints can be issued when the offenses include DUI, petty misdemeanors, and misdemeanors. These are generally filed by the District Court Division of a Prosecutor's office. A Complaint generally results in the issuance of a Penal Summons, which must be served upon you, and does not result in an arrest but informs you of a court date to which you must appear. If you fail to appear on when you are supposed to, then a bench warrant for Failure to Appear or Contempt of Court may be issued for you.
Indictments can be issued when the offense includes any felony or a felony plus petty misdemeanor(s) and/or misdemeanor(s). Felony offenses not enumerated under Hawai‘i Revised Statutes ("HRS") Section 806-83 must be charged through an Indictment. An Indictment is obtained after a Prosecutor successfully obtains a "true bill" on the charges after presenting the case to a Grand Jury. An Indictment generally results in the issuance of of a Grand Jury Warrant of Arrest. After the Grand Jury Warrant of Arrest is issued, the police search for you to arrest you on the warrant.
Informations ("Felony Information" or "Felony-Information and Non-Felony Complaint") can be issued when the offense includes and felony or a felony plus petty misdemeanor(s) and/or misdemeanor(s). If all of the felony charges are enumerated under HRS Section 806-83, then a criminal charge may proceed by Information. An Information need only be filed before a judge, who determines whether probable cause exists for each felony charge. An Information generally results in the Issuance of a Felony Information Warrant of Arrest. After the Felony Information of Arrest is issued, the police search for you to arrest you on the warrant.
Deficiencies in a criminal charge can sometimes be the basis for dismissal of some or all of your charges. A former Prosecutor turned criminal defense attorney, such as Joanne Hicks, would be particularly adept at picking out any deficiencies and move for an early dismissal or resolution of your case.
What is an Arraignment?
The Arraignment and Plea ("AP") is your first opportunity to enter a plea in the case. Most cases (i.e. 99.9%) of cases start with the attorney entering a plea of NOT guilty on behalf of their client. It is only until the attorney has completed their due diligence on the case and investigated all avenues, before they entertain changing your previously entered plea, IF at all.
How Much Does it Cost to Hire a Criminal Defense Attorney in Hawai‘i?
The cost to hire an attorney to defend you against allegations of criminal conduct varies and there are many factors that impact the pricing structure. For instance, two people can be charged with the same exact crime, yet the details of their specific case can be totally different and justify different fees. Additionally, fees change based on the jurisdiction that your case is located in (Maui, Lana‘i, Moloka‘i, O‘ahu, Big Island, Kaua‘i), what type of defense you want to mount, whether you want to hire experts, and more.
At Hicks Law, we offer a variety of payment options including flat fees or hourly rate payments, structured payment schedules based on specific services rendered, and offer discounts during certain circumstances.
We accept credit cards (Visa and Mastercard), cash, check, or a combination of the three.
Should I Hire My Criminal Defense Attorney Based on Cost?
If you have been charged with a crime in the State of Hawai‘i, you need experienced legal defense to help protect your constitutional rights throughout the process, from your arrest through court appearances and trial if necessary. Regardless of whether your charge is for a misdemeanor or a felony offense, you face serious consequences if convicted. You need a criminal lawyer who can launch a successful defense strategy to help you avoid or minimize the penalties associated with conviction. For most people, cost is an important consideration in finding a defense attorney. However, for the best outcome to your case, your focus should not be on how to find a cheap criminal lawyer, but rather how to find an attorney who offers quality legal defense at a fair price.
Although an attorney may offer rates that are initially attractive, pay close attention to the services included in those rates. If a criminal lawyer does not have the knowledge, experience, commitment, and service necessary to build a successful defense, then you are getting a poor value, no matter how low the rates. You should not let saving a few dollars on your defense counsel cost you the case.
However, this does not mean you should throw money away on an attorney who takes advantage of your fears by charging exorbitant fees. For the best value, find an attorney who provides the legal services you need at an agreeable rate.
To help you find such an attorney, first look for an attorney who offers a free consultation. This consultation allows you to provide the attorney with important information about your case before you are asked to pay. The lawyer can give you a basic evaluation of your case and inform you of fees and costs associated with your defense. During this initial meeting, you will have the opportunity to form an impression of the kind of attorney/client relationship you will have, and you will be able to ask pertinent questions about the service and legal representation you can expect to receive.
Rather than simply trying to find a cheap lawyer, look for one who offers reasonable options to help you pay for the quality legal defense you need. An attorney should understand that legal services are likely an unplanned expense and should offer payment solutions, such as a transparent all-inclusive flat rate defense package.
Can You Guarantee the Outcome of My Case?
There are many red flags to look out for in life, and one of these is if any attorney ever promises you an outcome on your case. It is impossible for any attorney to predict with 100% accuracy the outcome on your case. There are simply too many factors that can go into the outcome of a case, such as the skill of counsel, facts of the case, which judge is presiding, witness availability, local politics, administrative priorities, and sometimes even sheer luck. Any guarantee of an outcome on your case is likely a violation of our attorney professional rules of conduct and ethics.
