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Questions Answered by Mark Simonds
1 Answer | Asked in Consumer Law and Insurance Bad Faith for Hawaii on
Q: Is the death due to "complications of blunt force injuries of the head" considered to be an accidental death?

I am the beneficiary of a Guaranteed Life Insurance from Gerber Life that started June 2019. The insured passed away on March 27, 2020. I filed a death claim with Gerber Life but there was a delay in obtaining his death certificate due to the pandemic. I finally was able to send in the required... Read more »

Mark Simonds
Mark Simonds answered on Dec 17, 2021

Aloha, blunt force trauma is exactly that - an injury caused by blunt force, whether applied intentionally by another person, or due to accidental circumstances. It is more a medical term than a legal term. It just describes the type of causation, not the state of mind of the individual... Read more »

1 Answer | Asked in Criminal Law, Federal Crimes and Gov & Administrative Law for Hawaii on
Q: Does a Federal crime override a state crime?

A TRO is in place on one property for 2 family members my father and his son the judge ordered both families to stay in their living areas one family has the front and the other family take the back. Both families share one common area for driving and that leads to front and back of house. The... Read more »

Mark Simonds
Mark Simonds answered on Dec 11, 2021

I am so sorry what your ohana is going through, especially around the holidays. Your father relied on the representation of a government official, to his detriment. If he is charged with a violation of the Order for Protection, he may have a defense if the offense was; 1) de minimis; or 2) he did... Read more »

2 Answers | Asked in Civil Rights and Employment Discrimination for Hawaii on
Q: I'm inquiring about my employers wanting further explanation of my religious exemption which was previously approved.

Now they sent me a list of questions asking me to explain why. Their also asking if "I've put my practice(religion) into any other areas in my life?"

Also if "I've taken other vaccines and or medications in the pass as an adult?" With six more intrusive... Read more »

Mark Simonds
Mark Simonds answered on Nov 10, 2021

Typically, when a religious exemption to a work-related medical requirement is requested, employers may make reasonable inquiries into your sincerely held religious belief, in order to determine whether it is, in fact, genuine. If it is determined to be so, then reasonable accommodations must be... Read more »

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1 Answer | Asked in Gov & Administrative Law for Hawaii on
Q: If my tire was damaged while on Federal government property, can I get reimbursed for the cost of the tire?

As I was leaving the parking lot, I hit a broken handicap sign which was protruding approximately 6 inches from the pavement which I did not see.

Mark Simonds
Mark Simonds answered on Nov 10, 2021

Aloha, I would try to reach out to the entity upon whose premises your vehicle was damaged. For relatively small claims, such as a tire, the National Park Service, for example, will require you to complete a form asking for details if the incident. Typically, these kinds of claims are usually... Read more »

1 Answer | Asked in Criminal Law for Hawaii on
Q: how do I apply to a district court judge to have a first time criminal property damage misdemeanor expunged

This happened 19 years ago and in court I failed to avail myself of the offer of deferred judgement. Now I am seeking to have it removed if possible as it affects my job applications.

Mark Simonds
Mark Simonds answered on Nov 3, 2021

Aloha, so I assume he information you provided is accurate, in that the charge resulted in a conviction on your record. In other words, you did not receive, at the time of your sentencing, a deferred acceptance of no contest plea (‘DANC’’), or deferred acceptance of guilty plea (‘DAG”)... Read more »

1 Answer | Asked in Criminal Law for Hawaii on
Q: How long can drug evidence be held until they decide to charge you with possession of dangerous drug 2

What is the statutes of limitations on drug evidence

Mark Simonds
Mark Simonds answered on Nov 2, 2021

Promoting a Dangerous rug in the second degree is a class ‘B’ felony under the Hawaii Revised Statues. Assuming there are no other potentially more serious charges, a charge of this severity would have to be brought within 3 years of the incident.

§701-108 Time limitations. (1) A...
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1 Answer | Asked in Criminal Law for Hawaii on
Q: released from jail yesterday for a dirty ua on hope an they call my color to go ua again itcomes backdirty. Options?

On hope probation created by judge alms. Went in for a dirty ua that I admitted to did my 4 days in jail got out an they called my color again an my ua again came back dirty should I contest the ua on grounds of not enough time for the drug to detox through my system?

Mark Simonds
Mark Simonds answered on Mar 24, 2018

It depends. If your use was marijuana, the active chemical compound (tetrahydrocannabinol, otherwise referred to as THC) can take up to 30 days to completely leave the body. Other drugs can metabolize much quicker. I’m a lawyer, not a chemist, so you may wish to conduct some research on the... Read more »

1 Answer | Asked in Criminal Law for Hawaii on
Q: if you have multiple charges for the same crime, how is the sentence handled

say you have 20 charges of money laundering and the sentence is 5 years, are you serving five years or do you receive 100-year sentence?

Mark Simonds
Mark Simonds answered on Mar 22, 2018

It depends. Prison sentences can run consecutively, which means they may be ordered at sentencing to run one after the other (your “100 year” scenario) or concurrently, which means they all run together (your “5 year” scenario).

If a sentence of probation is ordered, it is only...
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1 Answer | Asked in Criminal Law and Identity Theft for Hawaii on
Q: What does a free standing order mean for restitution
Mark Simonds
Mark Simonds answered on Mar 21, 2018

A free-standing order of restitution is an order for restitution which can stand on its own, apart from the criminal case it is connected to. What this means is that the person to whom restitution is owed (the “victim” of the crime) may enforce this order against the defendant in the same way... Read more »

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