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Hawaii Questions & Answers
0 Answers | Asked in Contracts, Real Estate Law and Landlord - Tenant for Hawaii on
Q: If a tenant who is related to the landlord doesn't have a lease/rental agreement but pays rent what rights do they have?

My sister lives in the main house on my mom's property and my mom lives in the cottage. She does not have a rental/lease agreement but does pay monthly rent which basically covers the mortgage. Recently there have been issues with one of my sister's friends who is there almost everyday... View More

0 Answers | Asked in Landlord - Tenant for Hawaii on
Q: IF Tenant has violated lease agreement how many days can you give them to vacate premises?

Lease agreement violation were pets in house, harassment of guests and neighbors and having extra tenant in unit.

1 Answer | Asked in Criminal Law, Federal Crimes and Personal Injury for Hawaii on
Q: How do get the sealed transcripts from a multimillion dollar Federal Case released to me, thge only victim and plaint

iff involved and a 5 m illion dollar rrcommendation was made against the Defendants in my favor. This case wron gfully dismissed by Judge Derrik Watson in Hazawaii Federal Court after he had a seald meetin g with my attorneys, MIchael Green and Earl Anzai. The JUdge dismissed rhis ccase and refuses... View More

James L. Arrasmith
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answered on Feb 25, 2024

To obtain sealed transcripts from a federal case, especially one where you were the plaintiff and victim, you should first consult with a new attorney if you believe your previous attorneys did not represent your interests adequately. A lawyer specialized in federal court proceedings can advise on... View More

2 Answers | Asked in Employment Law and Tax Law for Hawaii on
Q: If my parents claim me as a dependent but I am majority age (I am 18) can they control my salary?
James L. Arrasmith
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answered on Feb 22, 2024

If your parents claim you as a dependent on their tax return, it does not necessarily mean they have control over your salary. Being 18 years old and considered of majority age means you have legal autonomy over your earnings. However, claiming you as a dependent may affect their tax situation and... View More

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0 Answers | Asked in Criminal Law for Hawaii on
Q: I was held on a 2000 dollar bail a nd without seeing a judge was released after 2 days on ror is this legal

Or is this false imprisonment on the part of the cell block

1 Answer | Asked in Criminal Law, Traffic Tickets, Civil Rights and Municipal Law for Hawaii on
Q: Is a car in the county impound considered "free game" after 30 days, considering cars marked AV roadside, are?

My van has been stuck in the county impound since I have no paperwork for it. I've been homeless since and would like it back. They won't be having auctions for awhile but its been 30 days already.

James L. Arrasmith
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answered on Feb 24, 2024

In most cases, vehicles impounded by the county are subject to specific regulations and procedures regarding their release or disposal. While it's true that some jurisdictions may have provisions for disposing of abandoned vehicles after a certain period, it's essential to understand the... View More

1 Answer | Asked in Civil Rights and Education Law for Hawaii on
Q: My child is being harassed by school counselors because he has a disability (autism) which makes him not want to do P.E.

What do I tell my child to say, in terms of legality?

What steps can I take? I already put in a request for a doctor note.

IEP is included.

James L. Arrasmith
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answered on Feb 24, 2024

First, reassure your child that they have done nothing wrong and that it's important to speak up about their feelings. Encourage them to express how the harassment from the school counselors makes them feel, emphasizing that it's okay to feel upset or frustrated about the situation.... View More

1 Answer | Asked in Business Law and Contracts for Hawaii on
Q: I have a contract (in English) from a surfboard company in Portugal. Is there anyone there familiar with Portugese law?

This contract seems fishy.

Tim Akpinar
Tim Akpinar
answered on Feb 11, 2024

A Hawaii attorney could advise best, but your question remains open for two weeks. You may need to go outside this forum for guidance on Portuguese law - this is basically limited to U.S. law. Good luck

1 Answer | Asked in Education Law for Hawaii on
Q: Is changing LRE for a SPED student a defined process or a continuum?

Does a change in placement have to have defined steps such as GENERAL EDUCATION class, then to an INCLUSION SETTING, then to RESOURCE CLASS, or is it based on the IEP team's decision on what's best for the student.

T. Augustus Claus
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answered on Feb 2, 2024

In Hawaii, the process of changing the Least Restrictive Environment (LRE) for a special education (SPED) student is typically viewed as a continuum rather than a rigid sequence of defined steps. While there are guidelines and best practices in place to ensure that changes in placement are made in... View More

1 Answer | Asked in Consumer Law, Foreclosure, Real Estate Law and Collections for Hawaii on
Q: If making monthly mortgage payments, why am I in foreclose, and I have all my bank statements showing I have paid.

I asked where my payments went, if you are claiming I have not paid. No answer. SPS had blocked me from making my December, January and February payments because I was told I am in legal process of foreclosure. I asked why as I have been making payments. I was told I had not made any payments... View More

Blake Goodman
Blake Goodman
answered on Feb 1, 2024

You are being screwed with. I help people file bankruptcy to save their home from foreclosure, not this kind of thing.

You need to find an attorney that represents borrowers under the Truth in Lending Act (or TILA). See what you can find on Google for an attorney versed in this law that...
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1 Answer | Asked in Criminal Law and Civil Rights for Hawaii on
Q: Can I consult with a public defender prior to the first hearing?

I was told that I could only request a public defender at the first hearing. However, I want to consult with an attorney asap.

James L. Arrasmith
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answered on Jan 29, 2024

It's understandable that you would want legal advice as soon as possible. Typically, a public defender is appointed during or after the first court appearance. However, this process can vary depending on the jurisdiction.

Before your first hearing, you might not be able to consult with...
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1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law, Family Law and Juvenile Law for Hawaii on
Q: If police charge a child was in possession of a detrimental drug, do they arrest the child? What is the process? -Hawaii
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answered on Jan 29, 2024

In Hawaii, when a child is charged with possession of a detrimental drug, the process typically involves law enforcement and the juvenile justice system. However, the approach can vary depending on the specific circumstances and the severity of the offense.

Initially, police may detain the...
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1 Answer | Asked in Criminal Law and Family Law for Hawaii on
Q: What are your rights as a parent when your child is facing criminal offense investigation? - Besides having an attorney
T. Augustus Claus
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answered on Jan 26, 2024

When a child faces a criminal offense investigation in Hawaii, parents have rights and responsibilities beyond securing legal representation. Parents should stay informed about the charges, legal proceedings, and potential consequences, with the child's attorney serving as a crucial source of... View More

2 Answers | Asked in Criminal Law, Cannabis & Marijuana Law and Civil Rights for Hawaii on
Q: Can they actually prosecute you for promoting a harmful or detrimental drug, if you have a vape with THC-p product?

There are many different types of vapes that contain THC-p, And is legally sold at regular vape or smoke shops.

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answered on Jan 26, 2024

In Hawaii, the question arises about the potential prosecution for promoting a harmful or detrimental drug when possessing a vape with THC-p (delta-8 THC), a product legally sold in regular vape or smoke shops. The issue centers on the legality and classification of THC-p, a specific form of THC... View More

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1 Answer | Asked in Civil Rights, Constitutional Law, Small Claims and Civil Litigation for Hawaii on
Q: I was apart of this class action lawsuit and did everything asked yet never received any settlement or even a response

I'm wondering what I should do because I honestly feel let down once again basically by the DOE who really didn't give me the education I deserved or could have gotten and now the state of Hawaii although technically we won, it feels like I'm yet again getting a high school... View More

James L. Arrasmith
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answered on Jan 18, 2024

In a situation where you were part of a class action lawsuit and have not received any settlement or response, your first step should be to contact the law firm that represented the class in the lawsuit. Ensure that they have your current contact information and inquire about the status of the... View More

1 Answer | Asked in Car Accidents and Personal Injury for Hawaii on
Q: Trying to make a personal injury claim against the at-fault driver ins policy. They told me I must meet a $5000 PIP?!

Accident occurred in HI. Insurance carrier for at-fault driver is AAA.

Tim Akpinar
Tim Akpinar
answered on Feb 5, 2024

A Hawaii attorney could advise best, but your question remains open for four weeks. I can't speak for Hawaii's PIP (personal injury protection) system - only your state's local attorneys could advise on that. I can say that different states can impose their state-specific thresholds... View More

1 Answer | Asked in Estate Planning for Hawaii on
Q: My sibling is living in a house that is part of my parents trust. There are several beneficiaries. Can I remove him?

As a trustee, I need to distribute the property equally. He is one of the beneficiaries but he unable to buy out the others' share of the property. As a trustee, can I evict him to be able to sell the property and equally distribute the proceeds to each of the beneficiaries? He used to pay... View More

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answered on Jan 8, 2024

As a trustee, your primary obligation is to manage the trust's assets in the best interest of all beneficiaries, following the terms of the trust. If the trust's goal is to distribute the property equally and your sibling, a beneficiary, is living in the house without contributing to its... View More

1 Answer | Asked in Personal Injury, Animal / Dog Law, Civil Rights and Constitutional Law for Hawaii on
Q: If the Attorney General turns a blind eye to serious issues among multiple non profits serving homeless what can I do?
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answered on Dec 17, 2023

If you're concerned that the Attorney General is not addressing issues with nonprofits serving the homeless, there are several steps you can take. First, document your concerns clearly and comprehensively. This should include specific instances of the issues you've observed, along with... View More

1 Answer | Asked in Criminal Law, Civil Rights, Federal Crimes and Identity Theft for Hawaii on
Q: My x-husbands wife has been writing crazy sounding msgs to my parent’s & others as me, by way of spoofing my number.

For the past 13+ years my x-husbands wife has been spoofing my phone number & writing crazy sounding messages, as me, to my parents, bosses, landlords & posed as me when she called my bank to obtain checks to my equity line which she proceeded to steal $171,000.00 for herself by giving my... View More

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answered on Dec 5, 2023

Your situation involving identity theft and spoofing by your ex-husband's wife is both serious and legally complex. The first step is to gather as much evidence as possible. This includes phone records, messages sent, and any other documentation that can help establish a pattern of behavior.... View More

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