Short answer: Service members stationed in Hawaii, including at Joint Base Pearl Harbor-Hickam, Schofield Barracks, Wheeler Army Airfield and Marine Corps Base Hawaii at Kaneohe Bay, can hire a civilian military defense lawyer in addition to free military defense counsel (Article 38(b), UCMJ, 10 U.S.C. § 838). If NCIS, Army CID, Air Force OSI or CGIS asks to interview you, you have the right to remain silent and must be told what you are suspected of before questioning (Article 31(b), UCMJ, 10 U.S.C. § 831). An arrest in Honolulu, Waikiki, Wahiawa, Kailua or elsewhere in Hawaii can lead to both a Hawaii prosecution and military action (Gamble v. United States, 587 U.S. 678 (2019)). Gonzalez & Waddington travels to Hawaii for interviews, hearings and trials. Call 1-800-921-8607 or text 954-799-4019.
Hawaii Military Bases at a Glance
Gonzalez & Waddington, LLC represents service members at military installations across Hawaii. The table shows each installation, its main commands, its location, which agency investigates misconduct there, and where to find the base-specific guide.
| Installation | Branch and main commands | Location | Investigators | Base guide |
|---|---|---|---|---|
| Joint Base Pearl Harbor-Hickam | Navy and Air Force: U.S. Pacific Fleet headquarters, Pearl Harbor submarines and surface ships, 15th Wing at Hickam Field | Honolulu, Oahu | NCIS, Air Force OSI | Pearl Harbor court-martial lawyers |
| Schofield Barracks | Army: 25th Infantry Division | Wahiawa, Oahu | Army CID | Schofield Barracks court-martial lawyers |
| Wheeler Army Airfield | Army: 25th Combat Aviation Brigade | Wahiawa, Oahu | Army CID | Wheeler Army Airfield court-martial lawyers |
| Marine Corps Base Hawaii (Kaneohe Bay) | Marine Corps: 3d Marine Littoral Regiment, Marine aviation units | Kaneohe, Oahu | NCIS | Kaneohe Bay court-martial lawyers |
| Fort Shafter and Tripler Army Medical Center | Army: U.S. Army Pacific headquarters; Army medical center | Honolulu, Oahu | Army CID | Covered on this page |
| Camp H.M. Smith | Joint: U.S. Indo-Pacific Command headquarters | Halawa Heights, Oahu | NCIS, Army CID, Air Force OSI | Covered on this page |
| Pacific Missile Range Facility | Navy: missile and weapons test range | Barking Sands, Kauai | NCIS | Covered on this page |
| Pohakuloa Training Area | Army: live-fire training area | Hawaii Island | Army CID | Covered on this page |
| Coast Guard units | Coast Guard: Base Honolulu, Air Station Barbers Point, cutters | Honolulu and Kapolei, Oahu | Coast Guard Investigative Service (CGIS) | Covered on this page |
Key Legal Facts for Hawaii Military Cases
- Civilian counsel: You may hire a civilian lawyer at your own expense and keep your free detailed military defense counsel (Article 38(b), UCMJ, 10 U.S.C. § 838).
- Questioning: NCIS, Army CID, Air Force OSI and CGIS agents must tell you what offense you are suspected of and that you have the right to remain silent before they question you (Article 31(b), UCMJ, 10 U.S.C. § 831; Mil. R. Evid. 305).
- Marijuana: Hawaii permits medical cannabis under state law (Haw. Rev. Stat. ch. 329, part IX), but use or possession by a service member is still a crime under Article 112a, UCMJ (10 U.S.C. § 912a), on or off base, with or without a state card.
- DUI: An impaired-driving arrest in Honolulu or anywhere in Hawaii is prosecuted as OVUII under Haw. Rev. Stat. § 291E-61 and can also lead to Article 15 punishment (10 U.S.C. § 815), an Army GOMOR (AR 600-37), a Navy or Marine Corps punitive letter, or an Air Force letter of reprimand (DAFI 36-2907).
- Domestic violence: A family-abuse arrest under Haw. Rev. Stat. § 709-906 can be followed by military charges under Article 128b, UCMJ (10 U.S.C. § 928b), and a qualifying conviction can bar possession of firearms under federal law (18 U.S.C. § 922(g)(9)).
- Two prosecutions: Hawaii and the federal government are separate sovereigns, so a state case does not by itself bar a court-martial for the same conduct (Gamble v. United States, 587 U.S. 678 (2019)).
- Sexual assault cases: For Article 120 offenses (10 U.S.C. § 920) committed after December 27, 2023, the Office of Special Trial Counsel, not the local commander, decides whether to refer charges (Article 24a, UCMJ, 10 U.S.C. § 824a).
- Preliminary hearing: Before charges can be referred to a general court-martial, you are entitled to an Article 32 preliminary hearing (10 U.S.C. § 832).
Who Defends Service Members in Hawaii
Michael Waddington and Alexandra González-Waddington are civilian military defense lawyers and the co-founders of Gonzalez & Waddington, LLC. Michael Waddington is a former Army JAG who served as a prosecutor and as Senior Defense Counsel. Each has practiced military and criminal defense for more than 20 years, and the firm has represented service members stationed in more than 20 countries. The firm travels to Pearl Harbor-Hickam, Schofield Barracks, Kaneohe Bay and other Hawaii installations for interviews, Article 32 hearings, administrative separation boards and courts-martial, and works alongside the client’s detailed military defense counsel.
For a free, confidential consultation, call 1-800-921-8607.
Hawaii | Military Legal Guide
Hawaii is one of the largest concentrations of U.S. military forces in the world and the headquarters for U.S. military operations across the Indo-Pacific. Soldiers, Sailors, Airmen, Marines, Guardians and Coast Guard members serve on Oahu, Kauai and Hawaii Island, often far from family and support networks on the mainland. When an allegation comes up in Hawaii, the case is usually shaped by which installation and command you belong to, which agency investigates, and whether Honolulu police or another county agency is also involved.
This guide explains how military cases work in Hawaii, which agencies investigate, how state and federal courts interact with the military, and how Gonzalez & Waddington defends service members stationed in Hawaii in investigations, courts-martial and administrative actions.
Civilian Court-Martial Attorneys for Service Members in Hawaii
Every service member facing court-martial charges receives a detailed military defense counsel at no cost. Article 38(b), UCMJ (10 U.S.C. § 838) also gives you the right to hire a civilian lawyer at your own expense. Many service members in Hawaii keep their detailed counsel and add a civilian military defense lawyer who focuses on trial work, witness interviews and early intervention with the command and investigators.
Oahu Installations
Joint Base Pearl Harbor-Hickam
Joint Base Pearl Harbor-Hickam combines Naval Station Pearl Harbor and Hickam Field. It is home to the headquarters of U.S. Pacific Fleet, Pearl Harbor-based submarines and surface ships, and the Air Force’s 15th Wing. Navy and Marine Corps cases are investigated by NCIS; Air Force cases by Air Force OSI. Shipboard and submarine cases often involve close-quarters witnesses, deployment schedules and classified-space access issues. See the Pearl Harbor court-martial lawyers guide.
Schofield Barracks and Wheeler Army Airfield
Schofield Barracks in Wahiawa is home to the 25th Infantry Division. Wheeler Army Airfield next door supports Army aviation, including the 25th Combat Aviation Brigade. Army CID investigates felony-level allegations, and commands use Article 15 proceedings, GOMORs (AR 600-37) and administrative separation (AR 635-200) for lower-level misconduct. See the Schofield Barracks court-martial lawyers and Wheeler Army Airfield court-martial lawyers guides.
Marine Corps Base Hawaii, Kaneohe Bay
Marine Corps Base Hawaii at Kaneohe Bay hosts the 3d Marine Littoral Regiment and Marine aviation units. NCIS investigates serious allegations involving Marines and Sailors there, and the Marine Corps uses its own administrative separation process (MARCORSEPMAN, MCO 1900.16). See the Kaneohe Bay court-martial lawyers guide.
Fort Shafter, Tripler Army Medical Center and Camp H.M. Smith
Fort Shafter in Honolulu is the headquarters of U.S. Army Pacific. Tripler Army Medical Center serves service members and families across the Pacific. Camp H.M. Smith is the headquarters of U.S. Indo-Pacific Command. Cases from headquarters and medical commands often involve senior personnel, security clearances, travel and government-purchase-card issues, and joint-service witnesses. Gonzalez & Waddington defends service members assigned to all of these commands.
Coast Guard Units on Oahu
Coast Guard members serve at Base Honolulu, Air Station Barbers Point and aboard cutters homeported in Honolulu. The Coast Guard Investigative Service (CGIS) investigates serious allegations, and Coast Guard members are subject to the UCMJ like members of the other armed forces (10 U.S.C. § 802).
Neighbor Island Installations
The Pacific Missile Range Facility at Barking Sands on Kauai is a Navy test and training range. Pohakuloa Training Area on Hawaii Island hosts Army and joint live-fire training. Service members on temporary duty at these sites who are accused of misconduct are usually handled by their home-station command on Oahu or the mainland, which can affect where witnesses, evidence and hearings end up.
Life in Hawaii and How Off-Duty Incidents Start
Many Hawaii cases begin off base: in Waikiki and downtown Honolulu nightlife, at off-base housing in Ewa Beach, Mililani, Kapolei and Kailua, on dating apps, or during travel between islands. Alcohol-related incidents, domestic disputes in high-cost housing, and allegations that surface after a relationship ends are common starting points for military investigations. Long distances from the mainland can also make it harder to gather witnesses and records, which is why early preservation of phone data, messages, ride-share records and video matters.
Hawaii Civilian Courts, Federal Court and Military Consequences
Hawaii state crimes are prosecuted in the Hawaii State Judiciary’s circuit and district courts; Oahu cases go to the First Circuit in Honolulu. Crimes on federal property can also be prosecuted in the U.S. District Court for the District of Hawaii in Honolulu (18 U.S.C. §§ 7, 13). Because the state and federal government are separate sovereigns, a Hawaii charge does not by itself prevent military charges for the same conduct (Gamble v. United States, 587 U.S. 678 (2019)). Even when a civilian case is dismissed, a command can still pursue Article 15 punishment, a reprimand or administrative separation.
How Local Hawaii Incidents Become Military Legal Problems
- Honolulu Police Department and county police reports are routinely shared with installation law enforcement and the command.
- An OVUII arrest under Haw. Rev. Stat. § 291E-61 can lead to an Article 15, a GOMOR or letter of reprimand, loss of base driving privileges, and career consequences.
- A family-abuse arrest under Haw. Rev. Stat. § 709-906 can trigger a military protective order, Family Advocacy Program review and charges under Article 128b, UCMJ (10 U.S.C. § 928b).
- Medical cannabis use that is lawful under Hawaii law is still a crime under Article 112a, UCMJ (10 U.S.C. § 912a).
Military Law Issues for Service Members in Hawaii
Article 120 Sexual Assault and Abusive Sexual Contact
Sexual assault and abusive sexual contact are charged under Article 120, UCMJ (10 U.S.C. § 920). For offenses committed after December 27, 2023, the Office of Special Trial Counsel decides whether to prefer and refer charges (10 U.S.C. § 824a). These cases often turn on alcohol, text messages, social media and delayed reports.
Domestic Violence and Assault
Domestic violence is charged under Article 128b, UCMJ (10 U.S.C. § 928b), and assault under Article 128 (10 U.S.C. § 928). A conviction can carry federal firearms consequences (18 U.S.C. § 922(g)(9)).
Drug and Alcohol Cases
Wrongful use or possession of controlled substances, including marijuana and THC products, is charged under Article 112a (10 U.S.C. § 912a). Positive urinalysis results are reviewed under the services’ drug testing rules, and challenges often focus on collection, chain of custody and lab procedures.
Fraud, Larceny and False Statements
Hawaii’s high housing allowance and cost-of-living allowance make BAH, COLA, travel and dependency fraud allegations common. These cases are charged under Article 121 (larceny, 10 U.S.C. § 921), Article 124 (frauds against the United States, 10 U.S.C. § 924) and Article 107 (false official statements, 10 U.S.C. § 907).
Under Investigation at Hawaii? Know These Rules First
Before you answer military investigators's questions. Under Article 31(b) of the UCMJ, agents of military investigators (CID, OSI, NCIS or CGIS) must advise you of the suspected offense and of your right to remain silent before questioning you as a suspect. You can decline the interview and ask for counsel, and your silence cannot be used as evidence of guilt. Statements made to "explain your side" are one of the most common reasons service members at Hawaii end up charged.
Being titled is not the same as being charged. Investigators can title a service member and index the name in the Defense Central Index of Investigations on only "credible information." The case may go nowhere, yet the entry can resurface years later in background investigations and clearance reviews, so how the investigation is handled from the start matters.
Your commander may not be the one deciding. Covered offenses such as sexual assault, domestic violence, stalking, kidnapping, murder, child pornography and (since 2025) sexual harassment are now controlled by an independent Office of Special Trial Counsel, which decides whether charges are preferred and referred. Other allegations at Hawaii still go through the chain of command.
Domestic violence allegations. Article 128b covers violence against a spouse, intimate partner or family member, and an allegation of strangulation or suffocation can be charged as aggravated assault even without a visible injury. A qualifying conviction can also trigger the federal firearms ban under the Lautenberg Amendment, which can end a career that requires carrying a weapon.
Drug allegations. Article 112a of the UCMJ applies to service members at Hawaii on post and off, separately from Hawaii law. A positive urinalysis is serious but contestable: the chain of custody, the testing process and innocent ingestion can all be challenged, and the government must prove the use was knowing and wrongful.
Pay and allowance allegations. BAH and other allowance cases are usually charged as larceny under Article 121 or as frauds against the United States under Article 124. An overpayment by itself is not a crime: the government must prove you intended to steal or defraud, and many of these cases begin as paperwork errors.
If you are under investigation at Hawaii, talk to a military defense lawyer before you make any statement. Call Gonzalez & Waddington at 1-800-921-8607.
Under Investigation in Hawaii? Know These Rules First
- You do not have to answer questions. Investigators must advise you of your rights under Article 31(b) before questioning (10 U.S.C. § 831; Mil. R. Evid. 305).
- Do not consent to a search of your phone, car or home without talking to a lawyer (Mil. R. Evid. 314).
- Do not discuss the allegation with the accuser, coworkers or friends, and do not post about it.
- Save messages, photos, receipts and location data that show where you were and who you were with.
Working Alongside Detailed Military Defense Counsel
Your detailed defense counsel comes from your service’s defense organization: Army Trial Defense Service, the Navy Defense Service Office, the Marine Corps Defense Services Organization, Air Force Area Defense Counsel or Coast Guard defense counsel. Gonzalez & Waddington works with detailed counsel as one defense team, dividing investigation, motions and trial work so the client gets the benefit of both.
Quick Answer: Hawaii Military Defense Lawyers
Service members in Hawaii can face military consequences from on-base allegations and off-base incidents in Honolulu, Waikiki, Pearl City, Aiea, Wahiawa, Mililani, Ewa Beach, Kapolei, Kailua, Kaneohe and the neighbor islands.
A civilian military defense lawyer can work alongside detailed military counsel in:
- Courts-martial and Article 32 hearings
- Article 120 sexual assault cases
- Article 15, NJP, GOMOR and letter of reprimand matters
- Administrative separation boards and Boards of Inquiry
- NCIS, CID, OSI and CGIS investigations, including shipboard, submarine, aviation and headquarters cases
I was wrongly accused under articles 120, 128b, and 130, and the legal battle was an incredibly draining experience. Throughout the two-and-a-half-year ordeal, Michael and Alexandra displayed unmatched professionalism, deep legal expertise, and genuine care for my case.
Prior results and client testimonials do not guarantee a similar outcome, and you may not obtain the same or similar results. Every case is different. No client was paid for a review.
Hawaii Military Defense FAQ
Can I hire a civilian lawyer for a court-martial at Pearl Harbor, Schofield Barracks or Kaneohe Bay?
Yes. Article 38(b), UCMJ (10 U.S.C. § 838) lets you hire civilian counsel at your own expense while keeping your free detailed military defense counsel. Gonzalez & Waddington travels to Hawaii installations for hearings and trial.
Is marijuana legal for service members in Hawaii?
No. Hawaii permits medical cannabis under state law (Haw. Rev. Stat. ch. 329, part IX), but Article 112a, UCMJ (10 U.S.C. § 912a) makes use or possession a crime for service members on or off base, even with a state card.
Can a Waikiki or Honolulu arrest affect my military career?
Yes. Civilian arrests are reported to commands, and the command can take Article 15, reprimand or separation action even if the civilian case is dropped.
Can I be court-martialed after a Hawaii state court case?
Yes. Hawaii and the federal government are separate sovereigns (Gamble v. United States, 587 U.S. 678 (2019)), so a Honolulu case does not by itself bar military charges for the same conduct.
Who investigates crimes at Hawaii military bases?
NCIS investigates Navy and Marine Corps members at Pearl Harbor-Hickam and Kaneohe Bay. Army CID covers Soldiers at Schofield Barracks, Wheeler and Fort Shafter. Air Force OSI covers Airmen at Hickam. CGIS covers the Coast Guard. All must give an Article 31(b) rights warning before questioning (10 U.S.C. § 831).
What should I do if NCIS or CID contacts me in Hawaii?
Do not answer questions or consent to a phone search until you have spoken with a lawyer. You have the right to remain silent and to counsel (Article 31(b), UCMJ; Mil. R. Evid. 305). Call Gonzalez & Waddington at 1-800-921-8607 for a free, confidential consultation.
Will my case be tried in Hawaii?
Usually, if your command is in Hawaii. Courts-martial are convened by your command’s convening authority, so hearings are typically held on Oahu even when the incident happened on a neighbor island or during travel.
Military investigators want to interview me at Hawaii. Do I have to talk to them?
No. Article 31(b) of the UCMJ requires investigators to tell you what you are suspected of and that you have the right to remain silent, and you can ask for a lawyer before answering anything. An interview is evidence collection, and military investigators can title you as a subject on a low "credible information" standard that can follow you into background and clearance checks even if the case is dropped. Politely decline, ask for counsel, and call a military defense lawyer before you say anything.
Helpful Hawaii Military and Legal Resources
- Hawaii State Judiciary
- U.S. District Court for the District of Hawaii
- U.S. Army Garrison Hawaii
- Marine Corps Base Hawaii
Hawaii Military Bases and Installations Covered
- Joint Base Pearl Harbor-Hickam Court-Martial Lawyers
- Schofield Barracks Court-Martial Lawyers
- Wheeler Army Airfield Court-Martial Lawyers
- Marine Corps Base Hawaii (Kaneohe Bay) Court-Martial Lawyers
- Fort Shafter, Tripler Army Medical Center and Camp H.M. Smith: covered on this page
- Pacific Missile Range Facility (Kauai) and Pohakuloa Training Area (Hawaii Island): covered on this page
Related Pacific Military Defense Locations
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Facing a military investigation, UCMJ allegation, or serious criminal charge? Gonzalez & Waddington provides trial-focused defense for high-stakes cases. Call 1-800-921-8607 or text 954-799-4019 for a confidential, no-cost consultation.