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Hawaii Questions & Answers
1 Answer | Asked in Divorce and Immigration Law for Hawaii on
Q: My wife can't get a visa from the state department to return to me/USA. She is in the Philippines we need help advise,

We were married in Hawaii, she went back to her home and got stuck in the Philippines because of covid. Her visa was denied probably because I don't make enough money. I am on SSI. This has been a two year process and we only hear from visa agencies that we need to pay them a $1000.00 to get... Read more »

Stephen Arnold Black
Stephen Arnold Black
answered on Sep 27, 2022

If you are married to her, then you can apply for a spousal visa. If you do not make enough money to financially sponsor her, then you can enlist the aid of a joint financial sponsor. This can be anybody who is a green card holder or a US citizen state side, and if they make enough money, then your... Read more »

1 Answer | Asked in Libel & Slander, Personal Injury and Workers' Compensation for Hawaii on
Q: Why cant I find a workers comp, attorney in Hawaii? almost 3 years now

I had them up to 35k without one. They denied, delayed, blocked a legit claim. Now Im destroyed.

Tim Rose
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Tim Rose PRO label
answered on Sep 27, 2022

Check out Justia.com they have many attorneys in Hawaii that service workers' compensation claims. Good luck. https://www.justia.com/lawyers/workers-compensation/hawaii

1 Answer | Asked in Criminal Law for Hawaii on
Q: If my friend is gonna get charged with a promoting a detrimental drug but everything was in my truck, if I come

Forward and say it wasn’t theirs? Would they get let go? It was in my truck so?….

Mark Simonds
Mark Simonds
answered on Sep 17, 2022

Aloha, as you could potentially incriminate yourself and get charged, I would advise you assert your 5th Amendment Right to remain silent. But, if your friend calls you as a witness at trial you should seek the advice of an attorney.

I wish you the best of luck.

1 Answer | Asked in Criminal Law for Hawaii on
Q: Is promoting gambling in the second degree a felony in hawaii?
Mark Simonds
Mark Simonds
answered on Sep 17, 2022

It is a misdemeanor. Hawaii Revised Statutes, § 712-1222 (2013 reads as follows:

Promoting Gambling In the Second Degree.

(1) A person commits the offense of promoting gambling in the second degree if the person knowingly advances or profits from gambling activity.

(2)...
Read more »

1 Answer | Asked in Real Estate Law for Hawaii on
Q: I have a question about un-filed deeds in Hawaii real estate.

My wife owned a piece of property and she passed away. A cousin has come forward and is claiming the property was sold to them in the early 2000’s the deed has a notary stamp, But isn’t recorded anywhere legally. I’m worried if I don’t agree to the demands presented to me I will be sued... Read more »

Anthony M. Avery
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Anthony M. Avery
answered on Sep 13, 2022

Hire a competent HI attorney now to search your Title. You will probably have to sue the cousin to Quiet Title, as he may have blown an SOL. Payment of Taxes may be very significant here. Unrecorded Deeds are effective only amongst the named Parties. He will probably record it now and may... Read more »

1 Answer | Asked in Landlord - Tenant and Personal Injury for Hawaii on
Q: Can a Tennant sue his Landlord? And what is the viability of this?

For the last 10 months I have been living in a situation that I can no longer tolerate. No longer hope that it will get better, no longer willing to compromise my health mental, psycial and emotional. I now have been experiencing PTSD, Post Traumatic Stress Disorder, from being traumatized by my... Read more »

William Lawson
William Lawson
answered on Aug 30, 2022

Your situation sounds alarming and unsustainable. You correctly identify your claims as arising out of landlord-tenant legal responsibilities. Your complaints appear to complain of a violation of the covenants of exclusive use and quiet enjoyment by your landlord.

Frankly it will take a...
Read more »

1 Answer | Asked in Personal Injury and Car Accidents for Hawaii on
Q: I got hit by a truck at his fault while I'm walking in Hawaii. He doesn't have an insurance and has not responding

How can I make him to pay for my medical bills caused by him?

Randy Bryan Ligh
Randy Bryan Ligh
answered on Aug 23, 2022

If you have UM coverage then it might be best to see if your UM policy will cover you, as well as your health insurance and/or medical payments coverage. Also, I would contact an injury/accident lawyer in Hawaii ----most will provide a free initial consult and you might receive some additional... Read more »

1 Answer | Asked in Traffic Tickets for Hawaii on
Q: Is it legal for field sobriety check points to block the only legal u turn area within the vicinity of the checkpoint

I was leaving marine corps base hawaii on 29 July, 2022 on John A. Burns hwy and took exit 15 to go to my home in Kailua. I encountered a field sobriety check point on Kaneohe bay Dr. right to the right of exit 15 under the bridge. The first and only legal u turn area in that direction was blocked... Read more »

Mark Simonds
Mark Simonds
answered on Aug 15, 2022

When you go to court, be prepared to show the prosecutor proof that your vehicle was insured on the day in question. The charge should be dismissed on proof shown.

1 Answer | Asked in Personal Injury and Car Accidents for Hawaii on
Q: Do I have a right to access toxicology report of I am the victim of an accident? How can I get his insurance to pay?

I was not at fault. The person who caused the accident was killed in the accident. His insurance isn't paying yet. I cannot get insurance settlement until prosecutor investigates case. What can I do to get records of the accident so that I can move forward. I have no car and no rental car. Do... Read more »

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jul 21, 2022

If you do not have a lawyer representing you then please immediately hire one. When the insurance company does not cooperate with you, then you need someone to fight for you and protect your rights and that is a lawyer.

1 Answer | Asked in Estate Planning and Family Law for Hawaii on
Q: I was written in my grandpas will.

I was written as being entitled to a certain % in my grandpas will but the will states that my mother serves as my trustee and she will have to distribute my part of the will to me. What happens if my mother doesn’t give me my part of the will.

Kelly LaPrade
PREMIUM
Kelly LaPrade
answered on Jul 15, 2022

You need to know what you’re entitled to and when. You can hire an attorney to assist with that, and also to petition the court if there is an issue with the distribution.

1 Answer | Asked in Real Estate Law for Hawaii on
Q: Is adverse possession deemed if owners literally up and left?

My fiancée has been in the home for no less than 23 years after his parents divorced and went their separate ways leaving the home to him. He has been the sole person taking care of the home from, repairs, remodeling etc. excluding land taxes. There is no mortgage as the home has been paid off.... Read more »

Kelly LaPrade
PREMIUM
Kelly LaPrade
answered on Jul 15, 2022

I suggest your fiancé contact an attorney asap to determine if he has a claim for adverse possession as there may be a statute of limitations that could bar the claim if not asserted in time.

1 Answer | Asked in Real Estate Law for Hawaii on
Q: My fiancé has been living in his family home since late 1996. His parents were divorced in 2000 , however prior to the f

My question is , can either one of them justmove back in and essentially push us out especially since my fiancé has been the sole person upkeeping the home from repairs to utilities excluding land taxes that his father refused to let him pay. Secondly, does the father have “more say” or... Read more »

Kelly LaPrade
PREMIUM
Kelly LaPrade
answered on Jul 15, 2022

Hi, I am sorry you’re experiencing this difficulty. Usually ownership to a piece of real property in Hawaii would be vested in the person or persons listed on the deed to property. One way a person could attain ownership is by adverse possession but more facts would be needed to determine... Read more »

1 Answer | Asked in DUI / DWI and Civil Rights for Hawaii on
Q: What does saying "I don't answer questions" do you have legal rights?
Mark Simonds
Mark Simonds
answered on Jul 15, 2022

Under the 5th Amendment to the United States Constitution and the equivalent provision of the Hawai’i State Constitution you have the right to remain silent, in just about all interactions with the government. In other words, you cannot be compelled to speak with government officials, to... Read more »

1 Answer | Asked in Constitutional Law and International Law for Hawaii on
Q: Hypothetically. If a human being identifies as a canary wolf or some other non-human species. Is it murder

Hypothetically. It is not murder to kill an animal, unless endangered. So killing a canary, wolf or non-human species is not murder?

Lost in this 21st century world, got lost in the internet and read people's dark posts. Trying to gain sanity back into my head.

David Luther Woodward
David Luther Woodward
answered on Jul 1, 2022

Under the common law which is the basis for our criminal (which can vary from state to state) is

Killing another human being with malice aforethought.

There's your answer

1 Answer | Asked in Estate Planning and Real Estate Law for Hawaii on
Q: I want to file a death certificate with the Bureau of Conveyances for a joint tenant on a property in Hawaii on which I

am the other tenant with rights of survivorship.They informed me that I must have a lawyer do this for me. If this is true,what would be the costs? I live in Alaska.

Kelly LaPrade
PREMIUM
Kelly LaPrade
answered on Jun 26, 2022

If it is just Bureau of Conveyances then I can prepare and file this for about an hour’s worth of time plus filing fee. If it is Land Court then it is much more complicated. You can email me at: kelly@westmauilegal.com for more info on my hourly rate.

1 Answer | Asked in Health Care Law, Gov & Administrative Law and Municipal Law for Hawaii on
Q: Does smoke penetrating homes from neighbors backyard fire, and creating health issues, come under Hawaii nuisance law?
Mark Simonds
Mark Simonds
answered on Jun 25, 2022

An open outdoor fire or open burning emits pollutants directly into the air and includes agricultural, residential, and prescribed burning. The rules regulating open burning are Hawaii Administrative Rules (HAR) Section 11-60.1 Subchapter 3. Generally open burning is prohibited with a few... Read more »

1 Answer | Asked in Workers' Compensation for Hawaii on
Q: IS IT LEGAL TOO LOOSE ALL YOUR PENSION RETIREMENT AND ALL CREDITS EARNED , DUE TOO A WORK INJURY WHILE GOING TO PT.
Tim Akpinar
Tim Akpinar
answered on Jun 12, 2022

A Hawaii attorney could advise best, but your question remains open for two weeks. I'm sorry about your ordeal. You could reach out to employment attorneys about the pension issues at this point, unless you want to try reposting under the Employment Law category. If you do not have a... Read more »

1 Answer | Asked in Criminal Law for Hawaii on
Q: I have a citation for assault 3rd. I am not guilty. My court date is June 2 2022
Mark Simonds
Mark Simonds
answered on Jun 10, 2022

Aloha,

You have some very important Constitutional rights. First of all, you have the 5th Amendment right against self incrimination; the 6th Amendment right to counsel, and to a jury trial if you so choose; and the 5th and 14th right to du process. Probably the most important of these...
Read more »

1 Answer | Asked in Estate Planning for Hawaii on
Q: My sister who resides in Hawaii just passed. Can one sibling take all her belongs for themselves without us knowing?

Our family consists of 5 siblings spread across the United States. Our sister passed away in Hawaii without a will, and without knowing it, one brother asked a cousin to go pack up her things, without first consulting with us.

We do not know where her belongs (including cars, bank accounts,... Read more »

Kelly LaPrade
PREMIUM
Kelly LaPrade
answered on May 26, 2022

If your sister died without a will then her probate assets would be inherited according to the laws of intestacy. It may be appropriate to safeguard property by taking possession, versus ownership, of the property. Having said that, the lack of transparency is a problem. For instance, it may be... Read more »

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