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 told the lady there was no damage. There was lots of traffic backing up. I got back into my car pulled out and as I was moving forward the lady grabbed onto my cars driver side mirror almost pulling it off. I told the lady there was no damage get off my car. She let go. So I left thinking she... 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.
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
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
Tenant and tenant's guest severely damaged glass windows and removed window screens of rental property. Tenant has overstayed their 45 days notice to vacate and has not paid any rent has become a nonpaying holdover tenant.
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
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... 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
It is against "house rules" to have a guest for more than 5 days without having them register with management. I was never registered a a guest, but have witnesses to show I've been here for more than 2 months. Now that my friend is almost completely moved out, management gave me one... View More
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
Minor damage on back bumper. I took my kids to school and returned to find owner. The driver of parked car has no license. She says her husband has a license and will finish work at 230p. Pictures were taken and she took her kida to school. I didn't see the car, but assumed there is no car... 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
In order to answer this accurately, it would be best to review the by-laws, along with the agenda for the meeting to determine what, if anything, was being voted on and to determine when a proxy may be properly used.
Restitution is owed for damage to a vehicle. The defendant’s insurance company has been trying to reach the victim for nearly 6 months to schedule an appraisal and get pictures of the damage, but the victim is not providing the necessary information.
An insurance company will hold a claim open, usually for a few years, but if the claimant abandons it, then the matter is closed. Was this a traffic crime case? If so, the District Court may take no further action at some point. Feel free to reach out to me if you have any other questions.
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