How a Motion to Dismiss Can Protect Your Constitutional Right to Due Process
Being indicted by a Hawaii grand jury doesn’t mean you’re guilty — and it doesn’t mean the process was fair.
Most people never realize that serious constitutional errors can occur before the trial even starts. Those errors can be challenged and, in some cases, the entire indictment can be dismissed.
At Segal Law, we regularly fight indictments that violate our clients’ rights under the Hawaii and United States Constitution. When the prosecution or the independent grand jury counsel interferes with the process, your constitutional right to a fair evaluation of the evidence is violation — and that can be grounds to dismiss the charges completely.
What Is a Grand Jury Supposed to Do?
In Hawaii, a grand jury decides whether there is probable cause to charge someone with a serious felony. It acts as a constitutional shield to protect the community from wrongful or unsupported prosecutions.
Under the law, grand jurors must:
- Evaluate the credibility of the evidence
- Ask questions and seek clarification
- Decide independently whether a crime likely occurred
They are not supposed to:
- Accept everything at “face value” without evaluating credibility
- Act as a rubber-stamp for the prosecutor
- Follow legal advice that lowers the probable-cause standard
When the prosecutor or grand jury counsel misstates the law or pressures the jury, the indictment can become invalid.
What If the Grand Jury Misunderstands Probable Cause?
One of the most common — and most serious — issues that can undermine a grand jury’s decision is an incorrect understanding of probable cause.
Probable cause doesn’t mean jurors must automatically believe everything they hear. It requires a reasonable, informed judgment based on the evidence — including whether that evidence is credible, reliable, and complete.
If jurors are encouraged to:
- Accept information without question,
- Ignore the credibility of witnesses or the plausibility of the facts, or
- Overlook inconsistencies or missing evidence,
then the grand jury is no longer exercising independent judgment. Its constitutional role shifts from evaluating the government’s case to merely endorsing it.
When that happens, the integrity of the indictment is compromised — and it may be grounds to challenge or dismiss it.
When Can an Indictment Be Challenged or Dismissed?
A motion to dismiss may be appropriate when:
- Jurors receive the wrong legal standard
- Grand jury counsel interferes with jurors’ independence
- Evidence is improperly withheld or selectively presented
- Unfair or prejudicial statements influence the jury
- The process violates due process under the Hawaii Constitution
These problems can affect any felony case, including:
- Sexual assault allegations
- Drug charges
- Theft and fraud cases
- Robbery and violent offenses
- Domestic violence felonies
If your case involved a grand jury indictment, the process must be reviewed. Many defendants never learn about misconduct unless their attorney investigates it aggressively.
How Segal Law Fights Wrongful Indictments
Criminal defense attorney Brandon Segal aggressively investigates grand jury procedures to identify errors that may justify dismissal.
Our work often includes:
- Grand Jury Transcript Review – We obtain and analyze the grand jury transcript to see exactly what was said.
- Evidence Comparison – We compare what was presented to the grand jury with what law enforcement actually collected.
- Constitutional Challenges – We evaluate whether jurors were misinformed, pressured, or deprived of critical information.
- Motions to Dismiss – When the process is flawed, we file motions to dismiss the indictment and protect your rights.
Even serious felony charges can be thrown out when the indictment is unconstitutional.
Protect Your Rights with a Grand Jury Review
If you or a loved one has been indicted in Hawaii,don’t assume the process was fair just because the case has moved forward.
The earlier an attorney reviews the grand jury transcripts, the stronger your defense may be.
There are strict deadlines. If you wait too long, you may lose your chance to challenge the indictment.
Talk to a Hawaii Criminal Defense Attorney
To schedule a confidential consultation with Segal Law:
- Call: (808) 865-2100
- Email: info@segallawhawaii.com
We can review your indictment, evaluate whether the grand jury process was fair, and advise you on whether a motion to dismiss is appropriate in your case.
Nothing on this page is legal advice for any specific case. Every situation is different and requires a fact-specific evaluation by an attorney licensed in Hawaii.