Michael Fayard Criminal Defense Attorney will listen to what happened, explain your rights and options for dealing with charges as a visitor to Hawaii, and help put criminal charges behind you.

Arrested on Vacation: What Are Out of State Charges?

Arrests involving tourists in Hawaii happen more frequently than you might think. Some of the more common reasons for out-of-state criminal charges include:

If you were visiting Hawaii and were arrested, it is possible that you could be ordered to remain in the state if you are facing misdemeanor or felony charges.

If you are a Hawaii resident who was charged with a crime out of state, you may have concerns about facing extradition. Your lawyer can examine the circumstances, ensure any arrest or bench warrants are handled and represent you accordingly.

Can I Be Extradited from Hawaii?

To be extradited from Hawaii, the state requesting extradition must issue an out-of-state arrest warrant. If Hawaii seeks to extradite someone, the state must issue an out-of-state arrest warrant. However, these warrants will typically only be issued if there is reason to believe that the suspect has fled the area.

If an out-of-state warrant has been issued, you can expect your information to be entered into the National Crime Information Center (NCIC). This is a nationwide database accessible by law-enforcement agencies across the country. If at any point in time you were to be stopped by police after an out-of-state warrant has been issued, the authorities will notify the state that issued the out-of-state warrant.

Hawaii Extradition Requests

Hawaii will not make extradition requests for crimes less than a misdemeanor level. If the offense is a misdemeanor or felony, however, the state may request the suspect’s return.

If the state makes an extradition request, you have the option of fighting or waiving the extradition. If you waive the extradition, you will be returned to Hawaii. However, if you fight extradition, you will have the opportunity to have your case heard before the court, where a decision will be made to grant or deny the extradition request in question.

Arrested Tourists: “Can I Leave Hawaii?”

When you face criminal charges in Hawaii but reside elsewhere, you may wonder whether you can legally leave the state before your case is settled. In some instances, if you’re facing a petty misdemeanor or misdemeanor offense, you may be able to leave Hawaii and have your case handled by your criminal defense attorney.

However, if you are facing a felony in Hawaii, you may be ordered to remain within the state of Hawaii while your case is pending. The court has the authority to impose travel restrictions that, if violated, could result in additional criminal charges and subsequent penalties.


$1,550,000 Plaintiff’s Verdict

Michael was co-counsel representing a maritime worker that was injured when a negligent employee struck him in the head with a bell hammer attached to a crane. Pre-trial offer was $0.00.

$1,200,000.00 Plaintiff’s Verdict

SR v. TS, et al. – I represented an elderly client that was the injured and was the victim of fraud and theft by thieves using a forged power of attorney and forged deed. Pre-trial offer was $2,500.00.

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Defending Against Out-of-State Charges

The potential defenses available in your case vary widely based on the criminal charges. Attorney Michael Fayard will analyze the details to determine how to best approach your defense strategy.

First and foremost, if you are arrested in another state for crimes in Hawaii, we will consider our options for challenging extradition. Federal law requires that fugitives be surrendered to states requesting extradition. However, some defenses could be used to avoid extradition.

Potential defenses could include:

  • Challenging that you are a fugitive from Hawaii
  • Questioning whether you were officially charged in Hawaii

Suppose you are extradited and brought back to Hawaii or arrested while visiting. In that case, your lawyer for out-of-state charges will work closely with the prosecuting attorney to determine whether a plea agreement may be reached in your case.

Many criminal charges can be improved or resolved by completing one or more programs. Some of these can even be completed in your home state:

  • Anger management
  • Mental health counseling
  • Driver retraining
  • Drug or alcohol treatment
  • Other court-ordered programs

You could also be ordered to pay fines, complete community service, agree to random drug testing, and adhere to other terms. Once the terms have been met, the charges against you could be reduced or dismissed altogether.

After your attorney has had the opportunity to review your case’s details, we will better understand which approach is most likely to produce a favorable outcome in your case. Your lawyer will then describe your options, and you can decide how to best move forward with your case.

If your case goes to trial, the prosecuting attorney must prove guilt beyond a reasonable doubt. Your attorney will be ready to present evidence that introduces doubt in the minds of the jury or judge presiding over your case. The jury will then retire to deliberate, review the evidence, and determine whether you should be found guilty or not guilty of the charges against you.

Simply professional!" — Richie A.

Get Help with Out-of-State Charges from a Honolulu Defense Lawyer

Working with an experienced criminal defense lawyer may be the best way to obtain the outcome you were hoping for when you are facing out-of-state charges. A reputable lawyer for out-of-state charges in Hawaii can help you determine how to best approach your defense strategy.