Types Of Criminal Defense Cases Handled By Rustam A. Barbee

Attorney Barbee has extensive specialized training and experience in the criminal law field. For five years, attorney Barbee was a prosecuting attorney for the Wisconsin Attorney General's office, specializing in white collar offenses such as securities fraud, Medicaid fraud, embezzlement and racketeering. Attorney Barbee also handled violent crime offenses, including murder cases.

For eight years, attorney Barbee was an Assistant Federal Public Defender for the districts of Hawaii and Guam. At the public defender's office, he handled a wide variety of defense cases from DUI and traffic matters to drug, conspiracy and murder cases as well as white collar cases. Attorney Barbee has also taught criminal law courses in Honolulu since 1994 at Honolulu Community College and Chaminade University of Honolulu.

What Happens If I Am Arrested?

It is important for people to have accurate information when involved in a legal proceeding. The reader is reminded that each case is different, depending on the facts, and one should obtain competent legal advice for his or her specific situation. I recently assisted the Hawaii State Bar Association to revise a pamphlet concerning the rights of arrested persons. For a copy of this or other pamphlets, contact HSBA at 808-537-1868.

A person can be arrested if the police have either "probable cause" or an arrest warrant. Probable cause is present if the facts and circumstance would lead a reasonable person to believe that a crime has been or is being committed. An arrest occurs if the police deprive someone of his or her liberty in a significant way.

After an arrest, the police must inform the suspect of certain constitutional rights if they want to interrogate or question the suspect. These rights include the right not to answer questions, the right to have an attorney's advice and assistance and the right to stop the questioning. The police may determine the suspect's identity and address without first informing the suspect about these rights. If the police obtain a confession from an arrested person but fail to advise him or her of these rights beforehand, the judge may later rule the confession to be inadmissible at trial.

If the police have a reasonable suspicion that a person is armed, they may pat down or "frisk" that person's outer clothing for weapons. The police may also search the arrested person and the immediate area after making an arrest. Otherwise, the police generally must have permission or a search warrant before searching a person, his or her car or home.

If the police make an arrest, the suspect must be either released or charged with an offense and brought before a judge within 48 hours. At the first appearance before a judge, the accused is informed of the charges and may be released on bail or other surety to appear for later court proceedings depending on his or her criminal record and the crime charged.

As with all legal proceedings, being arrested and charged with a crime is a serious matter. Lawyers have extensive training and specialized skills and can assist their clients to make crucial decisions such as whether to permit searches, give statements or invoke constitutional rights if consulted with as soon as possible.

In deciding upon a lawyer, one should seek an attorney with experience and competence in the field. Many attorneys are willing to schedule initial consultations at reduced rates or at no cost. If one cannot afford to hire a lawyer, they should contact their local public defender to see if they qualify for legal advice and representation.

Full-Service Criminal Law Representation

Since 1997 attorney Barbee has provided privately retained criminal defense in Hawaii state and federal court to hundreds of people and companies in cases, including:

  • State and federal drug crimes, including possession and distribution
  • State and federal white collar crimes, such as fraud or embezzlement
  • DUI/OVUII and other alcohol related driving offenses
  • Excessive speeding and other traffic tickets

He has appeared in court on Oahu, Maui, Kauai, Molokai, Federal District Court, Federal Magistrate's Court and the 1st Circuit District Courts in Honolulu, Pearl City, Kaneohe, Nanakuli and Wahiawa. Attorney Barbee has handled cases investigated by HPD; DEA; FBI; ATF; Secret Service; INS (now ICE); US Customs; Army CID, NCIS and other law enforcement agencies.

Discuss Your Criminal Defense Case With A Lawyer For Free

If you or a family member has been questioned or arrested, contact attorney Barbee today for a free confidential consultation. Email or call 808-524-4406. He represents clients throughout Hawaii who have been charged with a crime or received a traffic ticket.