Question 1

What is the statute of limitations for criminal defense in Hawaii?

Accepted Answer

Murder, attempted murder, and certain sexual assault offenses may be prosecuted at any time. Class A felonies must be prosecuted within 6 years. Other felonies must be prosecuted within 3 years. Misdemeanors within 2 years and petty misdemeanors within 1 year. (HRS § 701-108)

Question 2

What is Hawaii's law on crime classification?

Accepted Answer

Crimes are graded as felonies (classes A, B, and C), misdemeanors, and petty misdemeanors. A felony carries a possible sentence of more than 1 year imprisonment. Misdemeanors carry up to 1 year. Petty misdemeanors carry up to 30 days. (HRS § 701-107)

Question 3

What is Hawaii's law on expungement of arrest records?

Accepted Answer

Non-conviction arrest records may be expunged upon written request to the Hawaii Criminal Justice Data Center. Certain first-time drug and property offense convictions may also qualify for expungement. (HRS § 831-3.2)

Question 4

What is Hawaii's law on ovuii (dui) penalties?

Accepted Answer

Operating a vehicle under the influence of an intoxicant (OVUII) is illegal at a BAC of 0.08% or higher (0.04% for commercial vehicles). A first offense carries 72 hours of community service or 48 hours to 5 days jail, a $150-$1,000 fine, a 14-hour rehabilitation program, and 1-year to 18-month license suspension. (HRS § 291E-61)

Question 5

What is Hawaii's law on right to counsel?

Accepted Answer

Any person charged with an offense punishable by imprisonment has the right to be represented by counsel. If the person cannot afford an attorney, one will be appointed by the court. (HRS § 802-1)

Criminal Defense Laws in Hawaii.

Statute of Limitations

Key Hawaii Statutes

Official Sources

Not Legal Advice

Browse attorneys for this issue in Hawaii.

Other state law topics.