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Hawaii Criminal Law Questions & Answers
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... View 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... View 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... View 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... View 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... View 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... View 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”)... View 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...
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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... View 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... View 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... View More

1 Answer | Asked in Criminal Law for Hawaii on
Q: What would be the charge for getting a Emergency order citation
Michael Fayard
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
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
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... View More

Michael Fayard
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... View More

1 Answer | Asked in Criminal Law for Hawaii on
Q: Am i required to take a UA because I am on supervise release even though i havent been sentenced or charged yet?

I was released on supervise release and part of my terms and conditions is to call a number and if my color is called i need to go in a give them a Urine sample. If i havnt actually been sentence for the crime yet can they really tell me i need to do a UA?

Even if they have no reason to... View More

Michael Fayard
Michael Fayard
answered on Jan 25, 2020

Unfortunately, yes. You can be required to provide a UA if it is part of your pre-trial release. Generally, it is mandatory if the court ordered it. Sometimes a motion can be filed to change the terms and conditions of the pre-trial release, but you would need a good reason to drop the potential... 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 Criminal Law, Federal Crimes and Immigration Law for Hawaii on
Q: My brother was deported to the Philippines due to criminal activity. Can he come to Hawaii for our older brother funeral

Youngest brother was not a U.S. citizen and he was in a Federal Prison for less than a year prior to his deportation.

Gary Kollin
Gary Kollin
answered on Sep 26, 2019

He would need permission from the federal government. You can apply

1 Answer | Asked in Criminal Law for Hawaii on
Q: In Hawaii district criminal court the AUSA failed to turn over discovery until after Motions deadline...can it be suppre
Gary Kollin
Gary Kollin
answered on Apr 9, 2019

I will not second guess your lawyer. Ask your lawyer

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

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Hawaii on
Q: Wrongful foreclosure.excessive force by sheriff's. Should I take a plea?

Should I settle on degree assault? I was in a choke hold(100lbs) by a 300lb sheriff ..was trying to breath..said I kicked him and being charged w/ 1st degree assault

Gary Kollin
Gary Kollin
answered on Sep 30, 2018

There is no way an internet attorney could advise you based on those limited facts.

2 Answers | Asked in Criminal Law for Hawaii on
Q: If I Recieve Messages From Someone Who Says He Will Kill Me if Im Around His Child Is That A Form Of Blackmail?

He Doesn't Have Custody Of The Child But I Come By To Visit The Mother Of The Kid, and He Feels As If Im Taking The Kid Away. He Started Sending Threats And Talking About My Family. Is That Black Mailing?

Lauren M. Sharon
Lauren M. Sharon
answered on Jun 7, 2018

I think you need to clarify your question. I’m unsure what your asking.

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1 Answer | Asked in Criminal Law and Personal Injury for Hawaii on
Q: What can I do if someone harasses me through text messages?

I am a student here at BYU Hawaii, and have received a message ..I do not know how they got my number.

Lauren M. Sharon
Lauren M. Sharon
answered on Jun 7, 2018

Depending on what was said and your relationship with the person, you might want to make a police report so that incident can be documented and the police can explore the possibility of pressing charges. If it continues, or if you feel that your safety and property if threatened by the messages,... View More

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