What to do if you get Arrested in Hawaii: A Guide to Your Rights
One of the most confusing and terrifying situations you could encounter is getting placed under arrest. Understanding the law is important in such a stressful situation. However, this is only one aspect of knowing your rights. It is also crucial to know how to protect yourself at this critical time.
Criminal law varies from state to state, so this article will cover Hawaii. You have the right to remain silent, just like in any other US state. Also, you have a legal right to an attorney. What else do you need to know?
From the booking process to contacting a criminal defense attorney, this guide will make it easier for you to deal with this difficult situation. Keep reading to learn more about your rights and essential steps to take when getting arrested in Hawaii.
The Initial Arrest: What to Do When You’re Being Taken Into Custody
First, you should know what the initial interaction with Hawaii law enforcement looks like. While it’s a unique experience, there are some general things to do in order to take the appropriate actions when being taken into custody.
What Happens During the Arrest
When being taken into custody in Hawaii, the arrest process is just like in other states. It generally follows these common steps:
- Handcuffing – For safety, officers usually handcuff the subject and place their hands behind their back.
- Consent to a search – The search may involve checking for weapons, contraband, or anything that could pose a risk.
- Reading of rights (Miranda Warning) – If the suspect is to be interrogated, officers will inform them of their rights like the right to remain silent and the right to an attorney.
- Placement in a police vehicle – The suspect is escorted to a police car and usually placed in the back seat.
- Transport to a police station – Officers drive the suspect to the station or detention facility for processing.
During the booking process, the suspect’s personal information, fingerprints, and mugshot are taken, while personal belongings are confiscated. Depending on the situation, the suspect may be held in a cell, released on bail, or given a court date.
Remain Calm and Cooperate
- Don’t resist arrest – Stay calm. Resisting can worsen the situation and you may end up with additional charges.
- Be cooperative – While it’s good to be cooperative, this doesn’t mean you have to answer all the questions they ask you. Avoid answering incriminating questions in particular.
- Do not behave poorly – Never try to flee the scene. If you try to run or push back during the arrest, you may get injured.
- Be respectful – Always respect authority figures, but be firm in asserting rights. Respect yourself, too.
- Do not use the wrong words – Don’t let embarrassment, frustration, anger, or fear cloud your judgment while speaking with officers.
Understanding Your Right to Remain Silent: Do You Have to Talk?
Other than providing your name and address, you are not obligated to respond to any questions. You have the right to remain silent. Keep in mind that silence can’t be held against you in court.
You are protected from self-incrimination by your Miranda rights. During the arrest, just show your identification and other documents to the police officers; don’t give them additional information. Rather, remain silent and await the arrival of your defense lawyer.
Miranda Rights are read by law enforcement when a suspect is in custody and before interrogation to inform them of their right to remain silent and have an attorney. The 5th Amendment protects you from self-incrimination, double jeopardy, and being deprived of life, liberty, or property without due process, and ensures just compensation for takings.
Understanding Your Right to an Attorney
Legal representation is of crucial importance for those getting arrested. You have the right to an attorney during the arrest in Hawaii. Be sure your attorney is present during the questioning. Speaking to the police without a lawyer can be risky because anything you say can be used against you in court, even if you are innocent.
Why You Need an Attorney Immediately
Officers may ask misleading or confusing questions that could lead to inconsistencies in your statements, making you appear guilty. Without legal guidance, you might unknowingly waive your rights or admit to something that could harm your case.
That’s why it is always a good idea to have an attorney on your side during the arrest. A lawyer ensures your words are carefully chosen and protects you from self-incrimination.
The Right to Counsel
The 6th Amendment guarantees the right to an attorney in criminal prosecutions, ensuring that defendants have legal representation for a fair trial, even if they cannot afford one.
To request a public defender, you must inform the judge at your first court appearance that you cannot afford a lawyer. The court will typically require you to complete a financial affidavit to determine your eligibility for free legal representation.
How to Invoke Your Right to Counsel
To invoke your right to counsel, clearly state to law enforcement, “I want to remain silent, and I want a lawyer,” then stop speaking until your attorney is present.
- Do not answer any questions or explain yourself
- Repeat if pressured
- Avoid small talk, as anything you say can be used against you
- Wait for your attorney before speaking
- Do not sign anything without legal advice
The Booking Process: What to Expect at the Police Station
Now that you know what to expect when you’re arrested in Hawaii, you also want to know before the initial court appearance. Let’s see what happens after arrest.
What is Booking?
First things first, you should have a better understanding of administrative processing. After an arrest, administrative processing includes booking procedures like fingerprinting, photographing, and recording personal information. It also involves checking for warrants before determining release conditions or holding for court.
- Fingerprints: Law enforcement collects fingerprints to check for prior criminal records and confirm identity.
- Photos (Mug Shots): Officers take front and side photographs to document the suspect’s appearance at the time of arrest.
- Personal Inventory: Police log and secure personal belongings, such as wallets, keys, and phones, which are returned upon release unless held as evidence.
Possible Questions and Information Gathered
From personal details and physical description to criminal history, law enforcement gathers different types of information during booking. For example, they are likely to collect information on previous arrests, charges, and warrants.
They may also ask about your current health conditions or medications you take. Seek medical attention if needed.
Don’t let their questions catch you off guard. Here are the most common law enforcement ask during booking:
- What is your full legal name?
- What is your date of birth?
- What is your address and phone number?
- Do you have any aliases or prior arrests?
- Do you have any medical conditions or require medication?
- Who should be contacted in case of an emergency?
Even during booking, you have the right to remain silent. Keeping track of all information is recommended as well. Try to remember as many details as you can from charges against you to court dates and bail information.
Also, try to remember the badge numbers and names of the police officers who apprehended you. Relay all of these details to your attorney. You can never be sure which little detail could be beneficial to your case after an arrest warrant or search warrant is issued.
What Happens After Booking?
Let’s assume you are not free to leave and booking is required. If so, you want to know what happens after booking. Different outcomes are possible, including:
- Release on bail
- Release on own recognizance
- Detention in jail pending court appearance
- Transfer to a detention facility
- Pretrial diversion or alternative program
- Formal charges filed and court date scheduled
Release on bail
Can you bail yourself out of jail in Hawaii? Yes, you can bail yourself out of jail by paying the set bail amount, either in cash or through a bail bond service.
The suspects are allowed to make phone calls at the police station. In the event of a serious crime, you may call your family member, friend, or loved one in addition to seeking legal service.
When it comes to minor arrests, calling a Bail Bondsman is often recommended. That can help in negotiating the bail amount. Even so, you should consider calling a lawyer before a bondsman. A skilled criminal defense attorney can help you get a lower bail amount.
How much does it cost in Hawaii? Well, the bail amount depends largely on the criminal record and the type of violation. The cost will increase with the severity of the crimes.
After being bailed out of jail, you will be informed of your A&P (Arraignment and Plea) hearing date. During a hearing, you have a right to a trial if you plead not guilty. If you can’t make bail, you will have to remain in jail.
Key Takeaways and Actions You Can Take
Let’s summarize the key information you need to know during arrest and booking in Hawaii.
- Remain calm and cooperate during the arrest
- Do not resist or argue with officers during booking
- You have the right to remain silent and request an attorney
- Don’t deny yourself the opportunity to contact a bail bondsman
- You have the right to counsel
- Keep track of your belongings for future retrieval
- Ensure you understand your release conditions or charges
You may be released on bail, held for a court appearance, or transferred to a facility. In any case, it is important to seek legal counsel immediately.
Seeking legal help in Hawaii? If you’re looking for experienced criminal defense attorneys, look no further. We have extensive experience in handling both civil and criminal cases.
Conclusion
Being arrested is a difficult experience. The first line of defense is to be aware of your rights during this difficult time. In addition to knowing your rights, you should seek help from a qualified professional as soon as possible.
Whether you or someone you know has been arrested in Hawaii, don’t hesitate to contact Cain and Herren. Our law firm provides guidance and support to suspects facing criminal charges. We are here to help you navigate the legal process and achieve the best possible outcome.
