DISCLAIMER: The information on this website should not be construed as legal advice. Any information submitted by our online intake form does not create an attorney-client relationship between you and The Law Offices Of Rick Holcomb, until you sign a contract of representation. Although we cannot guarantee that information sent over the internet will not be intercepted, we will keep the information confidential once it is received by our office.
Holcomb Law, LLLC, a limited liability law corporation, is owned and operated by Honolulu DUI attorney, criminal defense lawyer, and personal injury lawyer, Richard L. Holcomb. In addition to serving all of Honolulu City and County, including the entire island of Oahu and appearing in all courts on Oahu, including the District Courts at Kaneohe and Ewa, Mr. Holcomb is a Hawaii DUI attorney, criminal defense lawyer, and personal injury lawyer. Mr. Holcomb serves the islands (counties) of Hawaii, including Kona and Hilo, Maui (Lanai), and Kauai.
LOCALS, KAMA 'AINA, MILITARY, AND TOURISTS ARE ALL WELCOME.
Limited Liability Law Corporation
Richard L. Holcomb Attorney At Law
DEDICATED HAWAII CRIMINAL DEFENSE LAWYER
Holcomb Law, LLLC
HONOLULU DUI / OVUII DEFENSE ATTORNEY
808.545.4040
1136 Union Mall Suite 808 Honolulu, HI 96813
Holcomb Law, LLLC © 2012 All rights reserved.
Honolulu DUI / OVUII Defense Lawyer
What are my rights?
Miranda Rights
Most people are familiar with the phrase “read me my rights.” That phrase has derived from the requirement that an officer must read you the “Miranda” rights before engaging you in custodial interrogation. Those rights are generally recited as follows:
You have the right to remain silent.
Anything you say can and will be used against you in a court of law.
You have the right to an attorney.
If you cannot afford an attorney, one will be appointed to you.
Do you understand these rights as they have been read to you?
These rights are read to you as a prophylactic measure to ensure that you understand that you do not have to give self-incriminating information in response to police questioning. You can remain silent, or better, invoke your right to counsel.
DUI Attorney in Honolulu HI
Your Rights In Hawaii Misdemeanor Cases
Regardless of which island the case is on, any defendant has certain rights during the court proceedings. You have the right to have a lawyer represent you. If you cannot afford a lawyer, the court will appoint one to represent you. You have the right to require the State to prove your guilt beyond all reasonable doubt. You also have the right to confront each and every witness against you in court. This means your lawyer has the right to cross-examine each witness. You have the right to subpoena witnesses to come to court and testify on your behalf. Should you be convicted, you have the right to appeal the conviction to the Hawaii Intermediate Court of Appeals, and if you are unable to afford an attorney, you also have the right to have an appointed lawyer represent you at that stage of the proceedings.
Your Rights in Hawaii Felony Cases
If your DUI or OVUII case is as a habitual offender, you have been charged with a Class C felony. Persons accused of committing a felony have all of the rights as a person charged with a misdemeanor (discussed above). However, the court procedure is much different (see the “What Will Happen in my Felony Case?” Section of this website). You also have the right to either a preliminary hearing or a grand jury proceeding in a felony case. This hearing allows the judge or a grand jury to determine whether there was probable cause to arrest you.
