Civilian Criminal Charges in Hawaii: How a State Case Affects Your Military Career
A service member arrested in Hawaii is usually charged by the State, not by the military. A Honolulu arrest leads to a Honolulu prosecutor and a state courtroom. The career consequences do not stay in that courtroom. They show up at your command, often before the state case is resolved.
Our firm began in Honolulu in 2010 and was based there until 2021, and we handled approximately 200 cases in Hawaii. This page explains how Hawaii grades criminal offenses, what a state case does to a military career, and how to protect the military side while the civilian case runs.
Felony, Misdemeanor, and Petty Misdemeanor in Hawaii
Hawaii Revised Statutes section 701-107 sorts crimes into grades:
- Felony: murder and attempted murder, class A, class B, and class C felonies, and any crime carrying a possible prison term of more than one year.
- Misdemeanor: a crime the code designates as a misdemeanor, or one carrying a maximum term of one year.
- Petty misdemeanor: the lowest grade of crime, carrying a maximum term of thirty days.
What is a petty misdemeanor in Hawaii? It is the least serious grade of crime under Hawaii law, but it is still a crime. For a service member, a petty misdemeanor conviction is a civilian conviction, and the military treats it as one.
What a State Case Does to Your Military Career
- A Flag. In the Army, civilian charges or civilian restraint are a basis for an adverse action Flag under Army Regulation 600-8-2. A Flag is not punishment, but it suspends promotion, awards, schooling, reenlistment, and some reassignments, subject to the regulation's exceptions.
- A reprimand. A Soldier can receive a general officer memorandum of reprimand under Army Regulation 600-37, with an ordinary seven-day rebuttal window on active duty. Airmen and Guardians face a letter of reprimand, an Unfavorable Information File, or a control roster.
- Administrative separation. A civilian conviction can be a basis for separation. For enlisted members, Department of Defense Instruction 1332.14 generally bars separation based on conduct that ended in a judicial acquittal, with defined exceptions. For officers, Department of Defense Instruction 1332.30 says a civilian acquittal does not prevent administrative discharge.
- Security eligibility. An arrest or charge can raise a concern under the national security adjudicative guidelines. A suspension of access is not a finding of guilt, but it can stop a career that depends on a clearance until the concern is resolved.
Can the Military Prosecute You Too?
One act can violate Hawaii law and the UCMJ. Under Rule for Courts-Martial 201(d), the conduct may be tried by a civilian court, a military court, or, subject to former jeopardy rules and service regulations, both. Under Army Regulation 27-10, a Soldier who has been tried by a state court ordinarily will not also be tried by court martial or punished under Article 15 for the same act, and while a civilian case is pending the Army must coordinate with the civilian prosecutor before acting. The Navy and Marine Corps Commander's Quick Reference requires General Court-Martial Convening Authority permission before nonjudicial punishment or a court martial follows a state trial. These rules limit a second prosecution. They do not stop a Flag, a reprimand, or an administrative separation.
Federal charges are different. A federal court and a court martial draw their authority from the same sovereign, so the same person generally may not be tried for the same misconduct in both. A federal charge in Hawaii still carries the same administrative consequences.
Online Sting Arrests in Hawaii
Hawaii runs a standing undercover operation against online solicitation of minors. The Hawaii Department of the Attorney General first announced Operation Keiki Shield in 2019, when its first three operations on Oahu and Kauai produced 25 arrests, and it has run repeated operations across the islands since then. Military investigators from Army CID, NCIS, Air Force OSI, and Coast Guard Investigative Service have taken part. In Operation Keiki Shield 29 in November 2025, one of three people arrested on Oahu was an active duty Navy member, and the charges included electronic enticement of a child in the first degree. Every person arrested is presumed innocent. These cases can be charged by the State, by federal prosecutors, or referred for UCMJ action, and the choice of forum depends on the facts, not on military status alone.
What We Do, and What We Do Not Do
Bilecki Law Group does not take Hawaii state court cases or federal court cases. Tim Bilecki and Ben Gold are both licensed in Hawaii, and both are on inactive status. For a Hawaii state charge, you need a lawyer licensed and active in Hawaii. For a federal charge in Hawaii, you need a lawyer admitted to practice in that federal court.
We defend only the military side: the investigation, the Special Trial Counsel and command decisions, nonjudicial punishment, a reprimand, administrative separation, a Board of Inquiry, and a court martial. We coordinate with your civilian lawyer, because a plea or a statement in the civilian case can decide the military one. Since 2003 our attorneys have defended service members, and the firm has taken more than 250 courts-martial to verdict. To see how we defend service members across the islands, visit our page for a military lawyer in Hawaii.
FAQ
What is a petty misdemeanor in Hawaii?
It is the lowest grade of crime under Hawaii law, carrying a maximum of thirty days in jail. It is still a criminal conviction, and the military treats it as a civilian conviction.
Will a misdemeanor in Hawaii affect my military career?
It can. A pending charge can bring a Flag, and a conviction can support a reprimand or an administrative separation. The outcome depends on your service, your record, and how the command responds, and each step can be contested.
Do I need a Hawaii criminal defense attorney?
For the state charge, yes. Our firm does not take Hawaii state court or federal court cases. Retain a lawyer licensed and active in Hawaii for the civilian case, and bring in military counsel to protect the career side and coordinate the two.
Can I be court-martialed after a Hawaii conviction?
The Constitution allows it, but service policy restricts a court martial or nonjudicial punishment for the same act after a state trial. Those limits do not prevent a Flag, a reprimand, or an administrative separation.