Honolulu, HI asked in Criminal Law, Federal Crimes and Gov & Administrative Law for Hawaii

Q: Does a Federal crime override a state crime?

A TRO is in place on one property for 2 family members my father and his son the judge ordered both families to stay in their living areas one family has the front and the other family take the back. Both families share one common area for driving and that leads to front and back of house. The front of the property has our mailbox that is owned by City and County land. Our Mailbox was damaged and multiple packages have been stolen I called in theft to USPIS and call the postmaster to report. Postmaster was aware of the TRO and said it was ok to put up another mailbox and it was ok to move it closer to our security cameras because of the theft. On Thanksgiving 11/25/2021 my dad built the mailbox where postmaster instructed him to build it and he got arrested because of the TRO and his son called HPD on him. Dad was instructed to leave mailbox and the son sawed it down with a chainsaw tampering and damaging our mailbox and was never arrested for it how is this legal?

1 Lawyer Answer
Mark Simonds
Mark Simonds
  • Criminal Law Lawyer
  • Haiku, HI
  • Licensed in Hawaii

A: I am so sorry what your ohana is going through, especially around the holidays. Your father relied on the representation of a government official, to his detriment. If he is charged with a violation of the Order for Protection, he may have a defense if the offense was; 1) de minimis; or 2) he did not intend to violate the order. It will really turn on the facts and circumstances of the case. I sincerely wish for peace and healing for your family.

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