Criminal Law in Hawaii County

Hawaii County, encompassing the entire Big Island of Hawaii, is a unique jurisdiction where rural communities, volcanic landscapes, and a diverse multicultural population create a distinctive legal environment. The county faces criminal law challenges common to both urban and rural settings, including drug offenses influenced by the island's geography and tourism-related crimes in areas like Kailua-Kona and Hilo. Whether you are a resident, a visitor, or someone passing through, an arrest or criminal charge in Hawaii County can have serious and lasting consequences. Retaining an experienced criminal law attorney is essential to protecting your rights and navigating the Hawaii state legal system effectively.

Courts Handling Criminal Law Cases in Hawaii County

Criminal law matters in Hawaii County are handled primarily by the Third Circuit Court, located in Hilo, which has jurisdiction over felony cases and serious criminal matters for the Big Island. The District Court of the Third Circuit, with divisions in Hilo and Kona, handles misdemeanors, petty misdemeanors, and traffic violations. Family Court of the Third Circuit addresses juvenile criminal matters and cases involving domestic violence within the county.

Common Criminal Law Situations in Hawaii County

Some of the most common criminal matters in Hawaii County involve drug offenses, including the promotion of dangerous drugs and marijuana-related charges, which remain significant concerns given the island's remote geography and points of entry. Domestic violence offenses, driving under the influence (DUI), theft, and property crimes also frequently bring residents and visitors into contact with the criminal justice system. Additionally, Hawaii County sees cases involving firearms offenses, given Hawaii's strict weapons laws, as well as offenses related to the tourism industry such as trespassing and disorderly conduct.

Penalties and Outcomes in Hawaii

Under Hawaii law, criminal offenses are classified as petty misdemeanors, misdemeanors, and felonies of varying classes, with penalties ranging from fines and community service to lengthy prison terms. A Class A felony, the most serious classification, can carry up to 20 years in prison, while misdemeanors may result in up to one year in jail and fines of up to $2,000. Hawaii courts also frequently impose probation, mandatory counseling, substance abuse treatment, and community service, particularly for first-time offenders or non-violent crimes.

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Why Go To Court for Criminal Law in Hawaii County

Go To Court Lawyers provides free, accessible 24/7 legal information to help individuals in Hawaii County understand their rights and options when facing criminal charges. With a network of experienced attorneys familiar with Hawaii state law and the Third Circuit Court system, Go To Court is committed to connecting Big Island residents and visitors with trusted legal representation as booking services become available.

Frequently Asked Questions

What should I do immediately after being arrested in Hawaii County?

If you are arrested in Hawaii County, you should exercise your right to remain silent and clearly state that you wish to speak with an attorney before answering any questions. Under Hawaii law, you have the right to counsel, and anything you say to law enforcement can be used against you in court. Contact a criminal defense attorney as soon as possible to ensure your rights are protected from the earliest stage of the process.

What is the difference between a felony and a misdemeanor in Hawaii?

In Hawaii, felonies are the most serious criminal offenses and are divided into Class A, Class B, and Class C categories, carrying potential prison sentences ranging from five to twenty years depending on the class. Misdemeanors are less serious and carry a maximum jail sentence of one year, while petty misdemeanors carry a maximum of thirty days in jail. The classification of your offense directly affects the potential penalties you face and which court will handle your case in Hawaii County.

How does Hawaii handle first-time drug offenders?

Hawaii offers several diversion and treatment options for first-time drug offenders, including the Drug Court program, which is available in the Third Circuit for eligible participants. Under Hawaii Revised Statutes, courts may defer criminal proceedings and impose probation with mandatory treatment for certain drug possession charges, allowing individuals to avoid a permanent conviction upon successful completion. An experienced criminal defense attorney can help determine whether you qualify for these programs and advocate for the most favorable outcome in your case.

What are the penalties for a DUI in Hawaii County?

In Hawaii, a first-offense DUI (referred to as Operating a Vehicle Under the Influence of an Intoxicant, or OVUII) can result in a fine of between $150 and $1,000, a license revocation of up to one year, and possible jail time of up to five days or a 72-hour drug and alcohol abuse education program. Subsequent offenses carry significantly harsher penalties, including longer license revocations, higher fines, and mandatory jail time. Hawaii law also imposes administrative license revocation separately from any criminal court proceedings, meaning your license can be suspended even before your case goes to trial.

Can a criminal record be expunged in Hawaii?

Hawaii law allows for the expungement of certain criminal records under Hawaii Revised Statutes Section 831-3.2, primarily for individuals who were arrested but not convicted, or who successfully completed a deferred acceptance of guilty or no contest plea. Felony convictions are generally not eligible for expungement in Hawaii, which makes it especially important to fight charges vigorously from the outset. A criminal defense attorney can advise you on whether your record qualifies for expungement and guide you through the application process.