What you did was assert your rights under the United States Constitution and the Hawaii State Constitution. Assertion of your rights does not constitute a statement, and, in a trial, that assertion cannot be used against you as evidence of guilt.

Typically, if you are advised of your... View More

You are better off filing an ex Parte Petition for a Temporary Restraining Order, pursuant to Section 604-10.5 of the Hawaii Revised Statutes.

Once filed, and, if granted, follow through with service and attend the court hearing.

The self-help center of your local courthouse can... View More

There are situations in life where an attorney is not a luxury, but a necessity. This is one of those times as Unauthorized Control of a Propelled Vehicle in Hawaii is a serious felony. Based on your question you may have a potential defense (Lack of intent) that may be worthwhile to discuss with... View More

When someone is in police custody, and subjected to interrogation, all questioning must cease if the person detained requests a lawyer. Also, if the person detained asserts their right to remain silent, police must cease questioning, however, my resume questioning at a later time. Please talk to... View More

I recommend that you hire a competent attorney, or, if financial circumstances do not permit that, to apply for the services of a public defender. Depending on how you are charged, this is a matter which could result in the potential for jail time under these facts, possibly up to 10 days! While... View More

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.

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)... View More

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.

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... View More

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... View More

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... View More

Hi, feel free to give me a call.

In Hawaii, under your scenario, a person commits the offense of criminal property damage if by means other than fire (which would be arson), the person intentionally or knowingly damages the property of another without the other's consent. As the rental unit is your property you are well... View More

If you were arrested for Operating a Vehicle Under the Influence of an Intoxicant in Hawaii, you are not only subject to the criminal charge in District Court, but Administrative Driver’s License Revocation Office proceedings as well. As such, even if the criminal case in court is dismissed, your... View More

Aloha, you have a Constitutional Right to not only have an attorney represent you, but to Effective Assistance of Counsel. To prove ineffective assistance of your attorney, you must show (1) that your trial lawyer's performance fell below an "objective standard of reasonableness" and... View More

Aloha, this is a question best left to your local DMV. Usually, if a car is not to be used for an extended period of time, it is advisable to turn in the license plates and obtain a "storage certificate" the issuance of same would stop registration fees and taxes from accruing. The courts... View More

No. As you were never on the lease, and the tenant (your friend) moved out, you have no legal right to remain in the unit. Not to be blunt, that is just the state of the law.

What makes this question unusual is the date of same, March 5, 2022. In July of last year, Governor Ige signed into law Act 57, which required landlords and tenants to avail themselves to mediation prior to landlords filing eviction proceedings based upon non-payment of rent. Typically, landlords... View More

Aloha, being that this occurred 3 weeks ago, the urgency has most likely passed. That said, you do have a duty to report most serious accidents that occur in or along Hawaii's public roadways. As the person whose car you struck was not operating the vehicle at the time, it is unlikely... View More

Interesting question! While there are no reported appellate decisions directly on point, there are appellate opinions that speak to use and/or alteration of common elements and/or limited common elements in a condominium regime. For example, take a look at AOAO v. Bowers, 125 Hawai'i 242 (ICA... View More