They just kept ignoring me I felt like they were not honoring my rights so when they questioned me I just answered making up wat ever because I felt they were not respecting my rights
answered on Apr 3, 2023
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... Read 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... Read more »
answered on Oct 10, 2022
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... Read more »
Forward and say it wasn’t theirs? Would they get let go? It was in my truck so?….
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.
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 »
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 »
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 »
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 »
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.
answered on Apr 25, 2022
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... Read 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... Read more »
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.
answered on Apr 17, 2022
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... Read more »
many things in my case being over looked by my layer and the police that makes me question the integraty of everything in my case
answered on Apr 17, 2022
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... Read more »
Is it possible to ask a judge to waive or reduce the tax, the vehicle is in poor condition and not worth much
answered on Mar 23, 2022
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... Read 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... Read more »
answered on Mar 23, 2022
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.
Default was granted when answer was unable to be filed do to medical emergency
answered on Mar 23, 2022
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... Read 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... Read more »
answered on Mar 23, 2022
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... Read more »
answered on Mar 23, 2022
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... Read more »
Hawaii State Statutes 514B
answered on Feb 12, 2022
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.
answered on Feb 12, 2022
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.
answered on Feb 12, 2022
You are responsible if you acted intentionally, knowingly, recklessly, or negligently with respect to the operation of your vehicle. Accidents happen. However, if the operator of the other car parked in a manner that was a contributing factor to the collision (ex. Out of stall, obstructing a... Read more »
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