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Hawaii Criminal Law Questions & Answers
0 Answers | Asked in Criminal Law, Family Law and Civil Rights for Hawaii on
Q: I live in honolulu,Hawaii and 3 weeks ago my wife took my car ,phone,wallet ,while I was sleeping

Employer bought me car for work and I alone am only name on title. HPD had said they can't file criminal charges since it's a marital issue and needs to go to civil court. Stealing is stealing.

Question is with proof can i still file a case? PLEASE ANYONE HELP ME .thank you for... Read more »

0 Answers | Asked in Criminal Law, Federal Crimes and Civil Rights for Hawaii on
Q: Is it lawful to keep photographs of my own child if she is nude or exposing her butt or genitals?

There's nothing sexual about the photos in my mind. We live in Hawaii, and with the warm climate my daughter often likes to run around naked, sometimes in public. I have thousands of photos of her, and there are probably a dozen or so where she is either naked or not wearing a diaper and her... Read more »

1 Answer | Asked in Criminal Law and Traffic Tickets for Hawaii on
Q: Backing out of supermarket stall I bumped into someone behind. There was no damage.The lady said I dont know what to do

I told the lady there was no damage. There was lots of traffic backing up. I got back into my car pulled out and as I was moving forward the lady grabbed onto my cars driver side mirror almost pulling it off. I told the lady there was no damage get off my car. She let go. So I left thinking she... Read more »

Mark Simonds
Mark Simonds
answered on Oct 10, 2022

I recommend that you hire a competent attorney, or, if financial circumstances do not permit that, to apply for the services of a public defender. Depending on how you are charged, this is a matter which could result in the potential for jail time under these facts, possibly up to 10 days! While... Read more »

1 Answer | Asked in Criminal Law for Hawaii on
Q: Is promoting gambling in the second degree a felony in hawaii?
Mark Simonds
Mark Simonds
answered on Sep 17, 2022

It is a misdemeanor. Hawaii Revised Statutes, § 712-1222 (2013 reads as follows:

Promoting Gambling In the Second Degree.

(1) A person commits the offense of promoting gambling in the second degree if the person knowingly advances or profits from gambling activity.

(2)...
Read more »

1 Answer | Asked in Criminal Law for Hawaii on
Q: If my friend is gonna get charged with a promoting a detrimental drug but everything was in my truck, if I come

Forward and say it wasn’t theirs? Would they get let go? It was in my truck so?….

Mark Simonds
Mark Simonds
answered on Sep 17, 2022

Aloha, as you could potentially incriminate yourself and get charged, I would advise you assert your 5th Amendment Right to remain silent. But, if your friend calls you as a witness at trial you should seek the advice of an attorney.

I wish you the best of luck.

1 Answer | Asked in Criminal Law for Hawaii on
Q: I have a citation for assault 3rd. I am not guilty. My court date is June 2 2022
Mark Simonds
Mark Simonds
answered on Jun 10, 2022

Aloha,

You have some very important Constitutional rights. First of all, you have the 5th Amendment right against self incrimination; the 6th Amendment right to counsel, and to a jury trial if you so choose; and the 5th and 14th right to du process. Probably the most important of these...
Read more »

1 Answer | Asked in Criminal Law and Landlord - Tenant for Hawaii on
Q: Can a landlord make a police report on a tenant for criminal property damage? Tenant and guest damaged rental property.

Tenant and tenant's guest severely damaged glass windows and removed window screens of rental property. Tenant has overstayed their 45 days notice to vacate and has not paid any rent has become a nonpaying holdover tenant.

Mark Simonds
Mark Simonds
answered on Apr 25, 2022

In Hawaii, under your scenario, a person commits the offense of criminal property damage if by means other than fire (which would be arson), the person intentionally or knowingly damages the property of another without the other's consent. As the rental unit is your property you are well... Read more »

1 Answer | Asked in Criminal Law for Hawaii on
Q: i have evidence of person telling me that he planted something on me so that the cops can raid my house

many things in my case being over looked by my layer and the police that makes me question the integraty of everything in my case

Mark Simonds
Mark Simonds
answered on Apr 17, 2022

Aloha, you have a Constitutional Right to not only have an attorney represent you, but to Effective Assistance of Counsel. To prove ineffective assistance of your attorney, you must show (1) that your trial lawyer's performance fell below an "objective standard of reasonableness" and... Read more »

2 Answers | Asked in Criminal Law for Hawaii on
Q: I have been charged for 2 misdemeanor's in Hawaii. How will this affect my travels if a warrant is issued for my arrest?

I have been charged for 2 misdemeanor's in Hawaii CPD3 and CPD4. I am an Australian citizen currently in Canada. I have a court date on 17/02. How will this affect my travels if a warrant is issued for my arrest or if I am convicted of the charges? If there is a warrant issued for my arrest... Read more »

William Jaksa
William Jaksa
answered on Feb 7, 2022

Entirely depends on how the warrant is endorsed. I doubt, but could be wrong, that a Judge would endorse a warrant to have a person returned to the jurisdiction for minor offences. The CBSA would likely be able to tell if you have outstanding charges in the USA, and would know if there was a... Read more »

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1 Answer | Asked in Criminal Law, Federal Crimes and Gov & Administrative Law for Hawaii on
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... Read more »

Mark Simonds
Mark Simonds
answered on Dec 11, 2021

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... Read more »

1 Answer | Asked in Criminal Law for Hawaii on
Q: how do I apply to a district court judge to have a first time criminal property damage misdemeanor expunged

This happened 19 years ago and in court I failed to avail myself of the offer of deferred judgement. Now I am seeking to have it removed if possible as it affects my job applications.

Mark Simonds
Mark Simonds
answered on Nov 3, 2021

Aloha, so I assume he information you provided is accurate, in that the charge resulted in a conviction on your record. In other words, you did not receive, at the time of your sentencing, a deferred acceptance of no contest plea (‘DANC’’), or deferred acceptance of guilty plea (‘DAG”)... Read more »

1 Answer | Asked in Criminal Law for Hawaii on
Q: How long can drug evidence be held until they decide to charge you with possession of dangerous drug 2

What is the statutes of limitations on drug evidence

Mark Simonds
Mark Simonds
answered on Nov 2, 2021

Promoting a Dangerous rug in the second degree is a class ‘B’ felony under the Hawaii Revised Statues. Assuming there are no other potentially more serious charges, a charge of this severity would have to be brought within 3 years of the incident.

§701-108 Time limitations. (1) A...
Read more »

1 Answer | Asked in Criminal Law and Immigration Law for Hawaii on
Q: I am trying to apply for the N-400 Naturalization. A few questions have me confused.

Have you EVER been convicted of a crime or offense?

Have you EVER been placed in an alternative sentencing or a rehabilitative program (for example, diversion, deferred prosecution, withheld adjudication, deferred adjudication)?

Have you EVER received a suspended sentence, been... Read more »

Nadine C. Atkinson-Flowers
Nadine C. Atkinson-Flowers
answered on Apr 12, 2021

The convictions are convictions even though they were expunged. Make sure you have copies of the documents from the court, with a seal or stamp from the court to show they are the official records. It is useful to talk with an immigration lawyer before submitting. The American Immigration Lawyers... Read more »

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... Read more »

1 Answer | Asked in Criminal Law for Hawaii on
Q: What would be the charge for getting a Emergency order citation
Michael Fayard
PREMIUM
Michael Fayard
answered on Jun 2, 2020

127A-29 violations are generally misdemeanors with the maximum punishment of a $5000 fine and a year in jail. These charges also have the right to a jury trial. See https://www.fayard-law.com/maui-criminal-defense/maui-127a-29/ for more info

1 Answer | Asked in Criminal Law for Hawaii on
Q: What is the code to a lawyer by entering the number associated with that particular attorney called

where do I find these numbers to look up a specific attorney??

Michael Fayard
PREMIUM
Michael Fayard
answered on May 26, 2020

Do you mean bar number? If so, you can find that on the state bar association’s website (Hawaii is HSBA.org). And then you can search by attorney name. Other states allow searching by different parameters.

1 Answer | Asked in Criminal Law for Hawaii on
Q: Is this 291-3.3(b) a misdemeanor? or is it an infraction (like a jay-walking ticket)?
Michael Fayard
PREMIUM
Michael Fayard
answered on Mar 6, 2020

It’s a violation, much like a traffic ticket. It is generally offered when the state can’t prove a DUI.

1 Answer | Asked in Criminal Law for Hawaii on
Q: I am being accused of theft

I am being accused of theft in the 4th degree by an ex employer. I got a call from a detective asking me to come down to the station and have an “interview” I asked what’s the process? He then stated he first has to read my my rights and then it’ll take about 15-20 minutes. Does this mean I... Read more »

Michael Fayard
PREMIUM
Michael Fayard
answered on Feb 23, 2020

If a detective is calling you to "talk" about a case, it usually means that detective is trying to build a case against you in order to make an arrest. In other words, the detective is only wanting to talk to you because s/he doesn't have enough evidence to get a warrant or to arrest... Read more »

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