(808) 524-4406
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 their 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 their 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 them of these rights beforehand, the judge may later rule the confession to be inadmissable 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, their 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 their 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.
Since 1997 Attorney Barbee has provided privately retained criminal defense in Hawaii state and Federal Court to hundreds of people and companies in cases ranging from traffic offenses, federal drug and forfeiture cases and white collar theft and public corruption prosecutions. He has appeared in Court on Oahu, Maui, Kauai, Molokai, Federal District Court, Federal Magistrate's Court, and the First 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. If you or a family member has been questioned or arrested, contact Attorney Barbee today for a confidential consultation.
Rustam A. Barbee, Attorney at Law
1188 Bishop Street,
Suite 2606
Honolulu, Hawaii 96813
Phone: (808) 524-4406
Toll-free phone: (888) 817-6279
Rustam A. Barbee, Attorney at Law, represents clients in state and federal matters throughout Hawaii, including federal court, state circuit courts, and district courts. Serving clients in Honolulu, Ewa, Pearl City, Wahiawa, Kaneohe, Kailua, Hawaii Kai, Waipahu, Waianae, Nanakuli, Mililani, Waialua, Haleiwa, Waipio, Waimanalo, Kahaluu, Laie, Kahuku, Makaha, Makakilo, Schofield, Aiea, Kapolei, Mililani, Wahiawa, Fort Shafter, Pearl Harbor, and Hickam AFB. Also, on Maui, Hawaii and Kauai.
