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Questions Answered by Barry Lloyd Sooalo
1 Answer | Asked in Criminal Law for Hawaii on
Q: Can a defendant have a public defender and a private attorney on record at the same time after sentencing?

Defendant was sentenced to consecutive terms on 3 counts, (5 years, 5 years and 1 year). Motion to Reconsider denied. Public Defender was unresponsive for more than 2 years, family retained private counsel. Both defense counsel's filed "Stipulations,15 days apart. Information provided to... Read more »

Barry Lloyd Sooalo
Barry Lloyd Sooalo answered on May 9, 2017

Short answer: yes. This can occur. The defendant would have to be indigent to have a PD. Private counsel would be there as a volunteer or pro bono and both counsel would have to consent to the dual counsel arrangement, as well as the client. Not an ideal way to proceed, but under that scenario,... Read more »

1 Answer | Asked in Criminal Law for Hawaii on
Q: Can someone that is pretrial in Hawaii for Terroristic Threatening get out on conditional release or Rel on Recog?

Defendant allowed a young homeless couple to stay in her home. The couple ended up being bad news. As the defendant was asking them to leave multiple times they refused. The couple then called the police stating that the defendant female 155lbs 5'5 threatened them. A male 5'10 200+ lbs and female... Read more »

Barry Lloyd Sooalo
Barry Lloyd Sooalo answered on May 9, 2017

The answer to your question is yes, the Defendant can be released on Supervised Release on the facts you presented, provided, Defendant's record is limited to this arrest only and is not loaded with multiple arrests for similar conduct or charges.

1 Answer | Asked in Criminal Law for Hawaii on
Q: If someone is being convicted for drug charges class A B & C and it is the first time what are chance of no prison time?

Can a dagp be used to keep out of doing prison time and only probation in drug convictions?

What can be done to avoid a possible open 10 year sentence for drug charges?

Barry Lloyd Sooalo
Barry Lloyd Sooalo answered on May 9, 2017

Whether you are sentenced to prison or not will depend on too many factors to discuss in this forum. Your past criminal history, if any, is relevant to the Court's inquiry. Selling drugs v using drugs is also relevant to this issue. Conduct since arrest is also relevant. Fortunately for you,... Read more »

1 Answer | Asked in Criminal Law for Hawaii on
Q: status of 20 yr.old charge terroristic threatening?can i change the wording of charge to regain access on navy base

HRS 831-3.1

Barry Lloyd Sooalo
Barry Lloyd Sooalo answered on May 9, 2017

There are two ways to possibly change the TT conviction from a TT conviction to possibly something else. There might be other ways, but my experience tells me there are two proven methods for doing what you seek to have done. Feel free to contact my office for a further consultation regarding... Read more »

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