It shall be unlawful in any case of arrest for examination:

(1) To deny to the person so arrested the right of seeing, at reasonable intervals and for a reasonable time at the place of the person’s detention, counsel or a member of the arrested person’s family;
lawyer at desk

Ask a legal question, get an answer ASAP!
Click here to chat with a lawyer about your rights.

Terms Used In Hawaii Revised Statutes 803-9

  • Arrest: Taking physical custody of a person by lawful authority.
(2) To unreasonably refuse or fail to make a reasonable effort, where the arrested person so requests and prepays the cost of the message, to send a telephone, cable, or wireless message through a police officer or another than the arrested person to the counsel or member of the arrested person’s family;
(3) To deny to counsel, whether retained by the arrested person or a member of the arrested person’s family, or to a member of the arrested person’s family, the right to see or otherwise communicate with the arrested person for a reasonable period at the place of the arrested person’s detention:

(A) At any time for a first communication after the arrest; and
(B) At reasonable intervals thereafter;
(4) In case the person arrested has requested that the person see an attorney or member of the person’s family, to examine the person before the person has had a fair opportunity to see and consult with the attorney or member of the person’s family;
(5) To fail, within forty-eight hours of the arrest of a person on suspicion of having committed a crime, either to release or to charge the arrested person with a crime and take the arrested person before a qualified magistrate for examination.

  Previous
Next  
 Part I Contents