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.

Free to use — fees quoted upfront, before you commit
Matched with a Hawaii attorney in 24 hours
30,000+ plaintiffs served nationwide

Free Hawaii criminal defense case review

A Hawaii attorney will take a look. Or call 1-833-WELEGAL.

How we match your Hawaii criminal defense case

When you submit a Hawaii criminal defense matter, we route it through a national network of independent partner firms and put it in front of the one that fits best — based on the kind of case it is, what it is likely to involve, where it has to be handled, and who has capacity to take it on now.

Case type

A criminal defense matter needs someone who handles criminal defense work day to day, not a generalist. Practice area is the first filter.

Size and complexity

Some firms are built for catastrophic injury and multi-party litigation; others resolve straightforward claims quickly. We weigh what your matter is likely to involve against how each firm actually works.

Jurisdiction and licensing

Your matter is decided under Hawaii law, so it goes to an attorney licensed in Hawaii who regularly appears where your case would be heard.

Capacity and fit

Availability, conflicts of interest and language all matter. If the best-fit firm cannot take your case, we route it to the next one that can — or tell you plainly when no one in the network is the right answer.

Every partner reviews your case for free. Injury and workers’ compensation matters are handled on contingency — no fee unless you win. Other matters are quoted upfront, before you commit to anything.

Get started How DearLegal works

DearLegal provides marketing and matching services and is not a law firm. Submitting a case does not create an attorney-client relationship. Matches depend on case type, jurisdiction and firm availability.

Exhibit A

What happens with a criminal defense claim in Hawaii

Day 0
Arrest or charge.
Say nothing beyond identifying yourself and ask for a lawyer. Do not consent to searches. Everything after this is built on what you did not say.
Within 24 hours
Tell us what happened.
Two minutes on this page. A Hawaii criminal defense attorney reviews it for free and, if it’s a fit, you’re matched within 24 hours.
Days 1–14
First appearance and bail.
Your attorney addresses release conditions and gets the charging documents. In Hawaii, this is where the tone of the case is set.
Weeks to months
Discovery and motions.
Police reports, video, lab work, witness statements. Motions to suppress or dismiss are filed where the evidence was obtained improperly.
Before trial
Negotiation or trial.
Most cases resolve by dismissal or plea; some go to trial. Your attorney advises on the risk of each with the actual evidence in hand.
Resolution
Outcome and record.
Fees are quoted before you commit — hourly or a retainer, spelled out in writing at the free consultation.

Felony Statute of Limitations: No limit
No limit for murder and Class A felonies; 6 years for Class B felonies; 3 years for Class C and unclassified (HRS § 701-108)
Misdemeanor Statute of Limitations: 2 years
2 years for most misdemeanors (HRS § 701-108(2)(e))
Sentencing Structure: Indeterminate sentencing
Indeterminate sentencing under HRS § 706 — court sets maximum, Hawaii Paroling Authority sets minimum and parole eligibility; mandatory minimums for certain repeat offenders (§ 706-606.5) and firearm-related crimes
Expungement / Record Sealing: HRS § 831-3.2
HRS § 831-3.2 (expungement) — narrow eligibility, generally limited to arrests without conviction and certain drug-paraphernalia cases; petition through HCJDC
Bail / Pretrial Release: Bail
Bail under HRS § 804; constitutional right to bail with exceptions for capital offenses (Haw. Const. Art. I, § 12) — death penalty abolished but life without parole offenses analogous
Typical attorney fee: Hourly
Hourly / Flat Fee

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.

Exhibit B

When to call a criminal defense attorney in Hawaii

Does any of this sound like you? Tap what applies.

Exhibit C

Criminal Defense cases we take in Hawaii

Which one is closest to yours?

OVUII / DUI

Hawaii OVUII (Operating a Vehicle Under the Influence of an Intoxicant) under HRS § 291E-61 (.08 BAC). First offense: 48-72 hours of incarceration or community service, 1-year IID, $250-$1,000 fine. Second within 10 years: 5-14 days minimum. Third within 10 years: Class C felony.

Sound like yours? A Hawaii attorney reviews it free — fees are quoted upfront, before you commit.

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Exhibit D

How much do Hawaii criminal defense attorneys cost?

Typical fee schedule

Hawaii · Criminal Defense

Fee modelHourly / Flat Fee

Feequoted per petition or matter

Filing costsitemized upfront

Case reviewFree

Illustrative only. Your fee terms are set in a written agreement with your attorney and may include costs and expenses regardless of outcome.

Criminal Defense matters in Hawaii are usually a flat fee per filing — quoted before you commit, not billed by the hour.

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.

A good attorney walks through every number at your free consultation — before you sign anything.

Get startedTakes about two minutes. No obligation.

Exhibit E

What your Hawaii criminal defense compensation can include

A Hawaii criminal defense recovery is built from several parts. Tap one to see what it covers.

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.

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.

Exhibit F

Hawaii criminal defense questions, answered

Still unsure? Tell us what happened and a Hawaii attorney will review it for free.

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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.