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
Answered
  • 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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.