Criminal Defense in Hawaiʻi

You have a right to an attorney if you are charged with a crime in Hawaiʻi.

The Sixth Amendment to the United States Constitution (along with its State counterpart, Article I, Section 14 of the Hawaiʻi State Constitution) is one of the most important constitutional rights you have.

The Sixth Amendment provides:

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.

U.S. Const. amend. VI

In short, when the charges you are facing could result in your being imprisoned, then you have the right to an attorney. It does not matter whether or not you actually receive jail time. If imprisonment is even a possibility, then you have the right to a lawyer.

If you are indigent and cannot afford an attorney, one will be appointed to you, usually with the Office of the Public Defender. You are typically not able to choose your court-appointed attorney.

If you can afford an attorney, you have the right to hire an attorney of your choice. If you are facing criminal charges, you should immediately contact a private criminal defense attorney. A good criminal defense lawyer will make sure your rights, freedom, and liberties are preserved and protected as you navigate through the criminal justice system.

Why You Should Exercise Your Constitutional Right to an Attorney

A criminal defendant is facing the possibility of losing their freedom. An effective, competent criminal defense attorney is essential to ensure the defendant has somebody in their corner that understands the legal system. An experienced criminal defense attorney often can have a very positive influence on the outcome of a client’s case.

Defense by a Trial Attorney Who Was Once a Prosecutor

Brandon Segal began his career on the other side of these cases as a Deputy Prosecuting Attorney for the County of Maui, where he supervised the Vehicular Homicide and Traffic Safety Unit and tried cases to verdict. That work included the most technical prosecutions the office handled — vehicular homicide and serious injury collisions built on accident reconstruction, crash data, toxicology and expert testimony.

That background is useful to a person accused of a crime for a straightforward reason. He has stood where the deputy across the courtroom is standing now: he knows how a charging decision gets made, how a file is evaluated for trial, how police reports are assembled and where they are thin, how the State prepares its experts, and what a prosecutor privately considers a weakness in their own case. He also knows how reconstruction and forensic conclusions are produced, which is what allows them to be tested rather than accepted.

That last point deserves saying plainly. Cases are resolved in the shadow of what would happen at trial. An attorney who appears in court regularly, and who is prepared to take a matter to a jury when that is the right course, is in a materially different negotiating position than one who is not — and the State knows the difference.

Going through the criminal justice system can be overwhelming and frightening. You can start by contacting Segal Law at 808-865-2100 or online for a free consultation. Segal Law is located on Maui, but we represent criminal defendants throughout the State of Hawaiʻi.