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A loved one was incarcerated for substance abuse, and the judge set bail at $50,000 cash only. The bail was posted, and both parties appeared in court after posting bail. This case involves ongoing substance abuse with the involvement of a probation officer and a substance abuse counselor. Although... View More 
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answered on Jun 10, 2025
It’s understandable to feel confused and frustrated after putting up such a large amount of bail, especially when your loved one did show up to court as required. Bail forfeiture doesn’t only happen when someone fails to appear—it can also happen if the judge believes the person violated the... View More
I'm a green card holder planning to travel to Canada and return to Hawaii. I have a 40-year-old DUI traffic conviction. I've traveled to Canada 2 years ago without issues related to this conviction. Since then, I haven't had any other convictions or immigration issues. Will this DUI... View More
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answered on May 28, 2025
You have a solid right to come back into the U.S. as a green card holder, and a lone DUI from forty years ago isn’t considered an aggravated felony that could bar your return. Customs officers won’t refuse you admission solely because of that conviction, especially since you’ve re-entered... View More
I'm seeking clarification on when line 37 of form N-11 applies with respect to voluntarily withholding state taxes from my 457b deferred compensation account. Specifically, this concerns a one-time 10% withholding of state taxes from the account. I haven't received any correspondence or... View More
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answered on Jun 12, 2025
Based on my research, line 37 on Hawaii's Form N-11 typically relates to Hawaii income tax withholding credits that you can claim on your tax return. When you have state taxes withheld from retirement distributions like your 457(b) account, you're entitled to credit for those withholdings... View More
I have received a service notice to appear in district court for a civil case between a landlord and a tenant. The notice states to appear "on the second or fourth Thursday of the month following the date of service, and should said Thursday be a legal holiday then the next second or fourth... View More
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answered on May 22, 2025
Call the Court Clerk and ask when you need to appear in Court.
I am seeking custody of my three-year-old son, who currently lives in Kauai, Hawaii, with his grandmother under a temporary guardianship I signed in 2021 due to substance abuse issues during my pregnancy. I've been sober for three years now. The father, currently in jail with a no-contact... View More
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answered on Jun 12, 2025
First of all, it’s powerful that you’ve been sober for three years—staying committed to your recovery is a big step toward building a strong case for custody. Since the guardianship you signed was temporary and based on circumstances that have now changed, you do have a path to seek... View More
I am involved in a family case plan with CPS, but I have not signed it because I feel I am being harassed, intimidated, and coerced into doing so. CPS has threatened that if I do not sign the plan, my parental rights will be taken away and my children will be removed. Is it possible for me to... View More
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answered on May 31, 2025
You have the right to voice your concerns if you feel that you are being harassed or coerced by CPS during your case plan process. However, refusing to sign the family case plan can have serious consequences, including the possibility that CPS may take further action, such as seeking to remove your... View More
Do I need a will if I have medical directives and a power of attorney to manage my affairs if I'm unable to do so? I understand that a power of attorney is no longer effective after death, but I want to ensure my affairs are correctly managed. I don't own any real estate, have a small... View More
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answered on May 22, 2025
You're wise to think about these important documents, and yes, you should consider creating a will even with your modest estate. While your power of attorney helps manage your affairs during your lifetime and medical directives guide healthcare decisions, neither document controls what happens... View More
I am 84 years old, and my husband is 62. For years he has been trying to get me to give him half of my home. In 2018, he forced me by threats and coercion to sign the property over to him, but there are no written agreements except the deed. The property is still in the trust I created for my... View More
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answered on May 31, 2025
I'm so sorry you’re going through this. If you were forced to sign over property through threats or coercion, that’s called “duress,” and the law in Hawaii recognizes that deeds signed under duress may be invalid. If you can show that you only signed because of your husband’s... View More
A family friend was working as a security guard at a grocery store parking lot when he was attacked by an individual who had been banned from the property. The trespasser ignored the ban and assaulted the security guard using his fists and a pickaxe. The trespasser also threatened the guard's... View More
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answered on May 23, 2025
Yes, the security guard would likely have a defense, but based on the facts you describe, it is very hard to imagine he was actually charged unless the prosecution believes there is more to the story.
So based solely on your description, the charges are a huge overreach and should... View More
I am in Honolulu, HI, and my car was towed. The car's registered owner is my girlfriend, who gave me permission to drive the car. However, the towing company refuses to release the vehicle to me or allow me to retrieve my personal property from the car, stating that only the legal owner can do... View More
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answered on May 16, 2025
That sounds incredibly frustrating, especially when you're just trying to retrieve your own property. In Hawaii, towing companies are required to follow certain rules, but if you're not listed as the registered owner, they can be strict about releasing the vehicle or even letting you get... View More
My mom passed away in 2016 in Honolulu, Hawaii, without leaving a will. I need a letter to prove I am her daughter for matters related to her financial property, specifically her employment benefits or assets. No legal proceedings have been initiated for her estate, and I am unsure if there are... View More
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answered on May 14, 2025
You need an HI attorney to help you make proper written demands. Recording an Affidavit of Heirship and supplying a death and birth certificates would definitely help. However those kind of assets probably went to her designated beneficiary, and suing the administrators (actually legally... View More
In 2001, after 21 years of marriage, the Defendant and I created a Warranty Deed, naming both of us as Grantors, with the Grantee being an LLC set up for our children and their heirs. Now, 23 years later, the Defendant claims the land, which was purchased with my inheritance, is his. He altered... View More
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answered on May 14, 2025
You’re dealing with a complicated situation involving forged documents and unauthorized actions with the LLC and property ownership. Since the Defendant altered deeds and forged signatures to claim sole ownership and mismanaged the LLC, you’ll need to take legal steps to protect your rights and... View More
I was involved in a car accident where I was rear-ended by an at-fault truck driver, leading to severe damage to my passenger van and damage to the sedan in front of me. The at-fault driver's insurance has minimal coverage ($10,000 for the damaged cars), which won't cover the repair costs... View More
answered on May 8, 2025
A Hawaii attorney could advise best, but your question remains open for a week. I'm sorry about your accident, and the fact that your aggravation is compounded by minimal insurance coverage. It could be a difficult decision here, since the claim could be complex, in terms of involving UM... View More
I recently took my dog to a veterinarian for treatment of kennel cough. The vet prescribed medicine which my dog took for three days. Unfortunately, my dog passed away on the third day. I believe the medicine prescribed may have caused my dog's death. I have witnesses to this situation. I... View More
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answered on May 14, 2025
I’m so sorry you lost your dog—losing a pet is devastating, and it's even harder when you believe someone else's actions may have caused it. If you truly believe the medication your vet prescribed led to your dog’s death, you may have grounds to pursue legal action. In most states,... View More
I am a co-signer on a car loan where the primary borrower has defaulted on 14 payments. I am currently covering the payments for the car myself. I want to know if I can repossess the vehicle under these circumstances. The loan agreement terms regarding repossession rights are unclear, and I have... View More
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answered on May 15, 2025
As a co-signer, you are legally responsible for the car loan if the primary borrower defaults, but repossessing the vehicle is a more complicated matter. Typically, repossession is carried out by the lender, not individual parties, and the loan agreement should outline who has the right to take... View More
I am the co-signer on an auto loan, and the primary borrower has missed 14 payments. As a result, I am now responsible for making the car payments to avoid further financial consequences. What legal options or actions can I take given this situation?
answered on Apr 30, 2025
Legal action as far as who? You have no recourse against the lender. You may have a legal recourse against the other borrower if, as a general rule of contract law, you can prove there was an agreement between you two that the other borrower would be responsible for the payments and would hold you... View More
I hired a lawyer on December 9th after I stopped receiving my workers' compensation checks for about 11 months. He has been my lawyer for 6 months now and has only sent a letter of representation and filed my WC-5. Despite sending all the paperwork, including emails from the insurance company... View More
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answered on May 14, 2025
I'm really sorry you're going through this. Being without workers’ compensation checks for almost a year is stressful enough, and it’s even worse when the person you trusted to help isn’t communicating clearly. While workers’ compensation cases can move slowly, going six months... View More
I have joint legal custody of my sons, but their mother has physical custody of my first son. I believe she is engaging in custodial kidnapping. About two years and six months ago, she missed a court appearance after I filed a motion to prevent her from leaving the island, claiming it was for a... View More
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answered on May 14, 2025
In your situation, you have valid reasons to be deeply concerned, especially given the lack of communication and the removal of your child from the island against a court order. If your ex moved without court permission and has hidden your son's location, that can be considered custodial... View More
In Hawaii, the collective bargaining agreement (CBA) I have states that if an employee is out of work for 36 months or more, it is considered a voluntary resignation. However, according to Hawaii Revised Statutes (HRS) 386, an employee on workers' compensation cannot be laid off or terminated.... View More
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answered on May 14, 2025
What you're dealing with is a conflict between contract terms in a collective bargaining agreement and the protections offered by state law, and it's understandable that you're seeking clarity. In general, no private agreement, including a CBA, can override a state law that provides... View More
I have a question about Hawaii's Medicaid Estate Recovery Program (MERP). Is the Medicaid lien applicable to all money paid out for any and all covered expenses, or is it limited to long-term care and cases involving fraud? Additionally, I'm interested in understanding how this lien... View More
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answered on May 15, 2025
In Hawaii, the Medicaid Estate Recovery Program (MERP) can seek repayment from the estate of a deceased Medicaid recipient for certain services paid for by Medicaid. The lien is not applied to every Medicaid payment—it is generally limited to long-term care services provided to individuals who... View More
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