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Hawaii Civil Rights Questions & Answers
1 Answer | Asked in Criminal Law, Traffic Tickets, Civil Rights and Libel & Slander 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, Education Law and Medical Malpractice 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 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
James L. Arrasmith
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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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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.

T. Augustus Claus
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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 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?
James L. Arrasmith
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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

James L. Arrasmith
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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

Q: I live right across the street from a office building no more than 50' away have gas leaf blow dust rubbish leafs legal

What is the revised status for a gas powered leaf blower to be used every mourning at 10am mon-sat blowing mostly dust and dirt very little leaves. What are my rites as a resident within 50 feet of my apartment.

James L. Arrasmith
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answered on Oct 15, 2023

Laws regarding the use of gas-powered leaf blowers vary widely depending on the specific jurisdiction, city, or even neighborhood regulations. Generally, local ordinances or regulations govern the use of leaf blowers, including their operating hours and noise levels. It's essential to consult... View More

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1 Answer | Asked in Employment Discrimination, Employment Law, Business Law and Civil Rights for Hawaii on
Q: Can my employer which is a corporation be admin. dissolved or dissolve the company after I filed a lawsuit on them?
Robert Kane
Robert Kane
answered on Aug 26, 2023

Was your "employer which is a corporation [ ] admin. dissolved or dissolve the company after [you] filed a lawsuit on them?" Are you preparing or reacting? How it is dissolved makes a difference. To answer your question, yes. What you need to do depends on the situation.

1 Answer | Asked in Employment Law, Civil Rights and Military Law for Hawaii on
Q: Army EO complaint

An EO complaint was brought against me. The IO found that I committed unlawful discrimination, however, the independent SJA review found that it was legally insufficient. What should I expect will happen next?

I am an active duty O-3 in the Army.

James L. Arrasmith
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answered on May 2, 2023

As an active duty O-3 in the Army, you may expect further review of the EO complaint by your chain of command. The SJA review found the complaint legally insufficient, so it is possible that the complaint may be dismissed. However, it is ultimately up to your chain of command to make a... View More

Q: My Workers' Compensation Atty never communicates or knows me. Feel unrepresented. Wrongful doings by my claims adjuster.

Employee injured/disabled; neuro spinal surgery done with more damaged nerves.

Claim's adjuster biased and fabrication in reports and proofs to Atty with no response. Lots of INTENTIONAL HIPPA VIOLATIONS DONE.

Joel Gary Selik
Joel Gary Selik
answered on Feb 6, 2023

Try to discuss your concerns with your attorney. If you are not satisfied, consult with other attorneys on taking over the case. You may want to hire a new attorney before firing your current attorney.

Note, this is only general information, not legal advice. Consult an attorney in your state.

1 Answer | Asked in Civil Rights, Personal Injury and Workers' Compensation for Hawaii on
Q: Toxic work place suffered a psychological injury.Is a psychological injury a disability?
Tim Akpinar
Tim Akpinar
answered on Jan 4, 2023

A Hawaii attorney could advise best, but your question remains open for three weeks. At this point, you could reach out to workers' comp and disability attorneys in Hawaii to try to set up free initial consults to discuss. You could search attorneys on your own, and there's a tab above,... View More

1 Answer | Asked in DUI / DWI and Civil Rights for Hawaii on
Q: What does saying "I don't answer questions" do you have legal rights?
Mark Simonds
Mark Simonds
answered on Jul 15, 2022

Under the 5th Amendment to the United States Constitution and the equivalent provision of the Hawai’i State Constitution you have the right to remain silent, in just about all interactions with the government. In other words, you cannot be compelled to speak with government officials, to... View More

1 Answer | Asked in Landlord - Tenant, Appeals / Appellate Law, Civil Litigation and Civil Rights for Hawaii on
Q: Are landlord required to notify tenants when a writ of possession is issued after default summary possession

Default was granted when answer was unable to be filed do to medical emergency

Mark Simonds
Mark Simonds
answered on Mar 23, 2022

What makes this question unusual is the date of same, March 5, 2022. In July of last year, Governor Ige signed into law Act 57, which required landlords and tenants to avail themselves to mediation prior to landlords filing eviction proceedings based upon non-payment of rent. Typically, landlords... View More

2 Answers | Asked in Civil Rights and Employment Discrimination for Hawaii on
Q: I'm inquiring about my employers wanting further explanation of my religious exemption which was previously approved.

Now they sent me a list of questions asking me to explain why. Their also asking if "I've put my practice(religion) into any other areas in my life?"

Also if "I've taken other vaccines and or medications in the pass as an adult?" With six more intrusive... View More

Mark Simonds
Mark Simonds
answered on Nov 10, 2021

Typically, when a religious exemption to a work-related medical requirement is requested, employers may make reasonable inquiries into your sincerely held religious belief, in order to determine whether it is, in fact, genuine. If it is determined to be so, then reasonable accommodations must be... View More

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1 Answer | Asked in Adoption, Civil Rights and Gov & Administrative Law for Hawaii on
Q: For married co-plaintiffs, can he proceed pro se to represent himself while she hires an attorney to represent herself?

We are both suing the Hawaii Department of Human Services and some of its employees in federal court. He wants to give opening and closing statements and cross examinations but she wants an attorney to do it. We also both have differing litigation strategies. Can we have the best of both worlds and... View More

Peter N. Munsing
Peter N. Munsing
answered on Aug 4, 2021

I suggest you delete your case reference.

The individuals should both use an attorney, but if for some reason that is not possible, Federal Courts allow pro se appearances. You may, if applicable, want to fill out the forms to proceed in forma pauperis, which waives most fees.

1 Answer | Asked in Criminal Law, Personal Injury, Civil Rights and Domestic Violence for Hawaii on
Q: Is there invasion of privacy law in hawaii

I'm having Ni some with the person I. Have 21st

Tim Akpinar
Tim Akpinar
answered on Sep 4, 2020

A Hawaii attorney could advise best, but your post remains open for two weeks. There most likely are such laws, as invasion of privacy is addressed in virtually every jurisdiction. It's a broad offense and can cover different wrongful acts, from disclosing sensitive information to casting the... View More

1 Answer | Asked in Civil Rights, Criminal Law and Federal Crimes for Hawaii on
Q: I filed a police report for Unauthorized computer access, because perpetrators were hacking onto my security cameras.

The Detective said there was a cliche with my system. We contacted tech support and they said it's not a cliche. Due to an increase in hacking of our system we filed a 2nd report. Without contacting us and only looking at the evidence we summited in our report. The investigator has... View More

Gary Kollin
Gary Kollin
answered on Nov 14, 2019

glitch not cliche

1 Answer | Asked in Civil Rights and Criminal Law for Hawaii on
Q: Can the police enter a hotel room and use things found there against me and ubtain search warrants for vehicles I drive
Gary Kollin
Gary Kollin
answered on Feb 25, 2019

Without knowing the particulars of your case, the answer is generally yes

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