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Hawaii Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law and Juvenile Law for Hawaii on
Q: Adopted daughter is 16 now. We got her at 14. Previously PTSD, child molestation, reactive attachment disorder issue.

Daughter now claims I sexually molested her. She is currently in the Philippines for a year. What is the civil and criminal statute of limitations in Hawaii to bring this false accusation on me? I looked it up. Could I be charged with 1st degree sexual assault, a Class A felony? I am contemplating... View More

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

I would suggest having a full, thorough consultation with an attorney, as I am unclear as to the details.

1 Answer | Asked in Criminal Law for Hawaii on
Q: released from jail yesterday for a dirty ua on hope an they call my color to go ua again itcomes backdirty. Options?

On hope probation created by judge alms. Went in for a dirty ua that I admitted to did my 4 days in jail got out an they called my color again an my ua again came back dirty should I contest the ua on grounds of not enough time for the drug to detox through my system?

Mark Simonds
Mark Simonds
answered on Mar 24, 2018

It depends. If your use was marijuana, the active chemical compound (tetrahydrocannabinol, otherwise referred to as THC) can take up to 30 days to completely leave the body. Other drugs can metabolize much quicker. I’m a lawyer, not a chemist, so you may wish to conduct some research on the... View More

1 Answer | Asked in Criminal Law for Hawaii on
Q: if you have multiple charges for the same crime, how is the sentence handled

say you have 20 charges of money laundering and the sentence is 5 years, are you serving five years or do you receive 100-year sentence?

Mark Simonds
Mark Simonds
answered on Mar 22, 2018

It depends. Prison sentences can run consecutively, which means they may be ordered at sentencing to run one after the other (your “100 year” scenario) or concurrently, which means they all run together (your “5 year” scenario).

If a sentence of probation is ordered, it is only...
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1 Answer | Asked in Car Accidents, Criminal Law and Small Claims for Hawaii on
Q: Hit a pedestrian with car. Police say it’s her fault. My car is wrecked. Can I take legal action for my car?

This happened in Hawaii. A pedestrian was under the influence of drugs and walking in the middle of the highway at night. I hit her with my car. The police report states that I am not at fault. She was injured and taken to the hospital. My insurance will pay her medical, because that’s what’s... View More

Peter N. Munsing
Peter N. Munsing
answered on Dec 26, 2017

You can only go after her for the value of the vehicle. Presumably that was the collision that paid off the loan. If she had insurance that's all you can go after her for. Realistically, if she was on drugs in the middle of the road, do you think she will have money to pay for any judgment you get?

1 Answer | Asked in Criminal Law and Identity Theft for Hawaii on
Q: What does a free standing order mean for restitution
Mark Simonds
Mark Simonds
answered on Mar 21, 2018

A free-standing order of restitution is an order for restitution which can stand on its own, apart from the criminal case it is connected to. What this means is that the person to whom restitution is owed (the “victim” of the crime) may enforce this order against the defendant in the same way... View More

0 Answers | Asked in Civil Litigation and Criminal Law for Hawaii on
Q: In Hawaii officers when asked several times for a copy of the search warrant , was never given one nor what was taken

My son whom lives with me an alegde crime was committed in his room, but the search warrant was made for the premises. With no copy of a search warrant they waited for the victim to arrive then 3 officers a CSI and the victim crossed the crime scene tape is that leagal

1 Answer | Asked in Admiralty / Maritime and Criminal Law for Hawaii on
Q: If a boat is legally anchored and hotel employees demand you leave and then force a boarding can you shoot them?

In Hawaii, coastal ocean waters and beaches are owned by the state. If a boat is legally anchored in a state owned harbor off the coast of a popular beach that has a major hotel nearby, and hotel employees come down to the waters edge on the beach and try to scare you away with a megaphone, then... View More

Gordon Charles Webb
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answered on Apr 2, 2018

No!! Do yourself a favor and call the police, harbor patrol and coast guard before resorting to unreasonable force to protect personal property.

1 Answer | Asked in Criminal Law for Hawaii on
Q: Can someone that is pretrial in Hawaii for Terroristic Threatening get out on conditional release or Rel on Recog?

Defendant allowed a young homeless couple to stay in her home. The couple ended up being bad news. As the defendant was asking them to leave multiple times they refused. The couple then called the police stating that the defendant female 155lbs 5'5 threatened them. A male 5'10 200+ lbs... View More

Barry Lloyd Sooalo
Barry Lloyd Sooalo
answered on May 9, 2017

The answer to your question is yes, the Defendant can be released on Supervised Release on the facts you presented, provided, Defendant's record is limited to this arrest only and is not loaded with multiple arrests for similar conduct or charges.

1 Answer | Asked in Criminal Law for Hawaii on
Q: status of 20 yr.old charge terroristic threatening?can i change the wording of charge to regain access on navy base

HRS 831-3.1

Barry Lloyd Sooalo
Barry Lloyd Sooalo
answered on May 9, 2017

There are two ways to possibly change the TT conviction from a TT conviction to possibly something else. There might be other ways, but my experience tells me there are two proven methods for doing what you seek to have done. Feel free to contact my office for a further consultation regarding... View More

1 Answer | Asked in Criminal Law for Hawaii on
Q: If someone is being convicted for drug charges class A B & C and it is the first time what are chance of no prison time?

Can a dagp be used to keep out of doing prison time and only probation in drug convictions?

What can be done to avoid a possible open 10 year sentence for drug charges?

Barry Lloyd Sooalo
Barry Lloyd Sooalo
answered on May 9, 2017

Whether you are sentenced to prison or not will depend on too many factors to discuss in this forum. Your past criminal history, if any, is relevant to the Court's inquiry. Selling drugs v using drugs is also relevant to this issue. Conduct since arrest is also relevant. Fortunately for... View More

1 Answer | Asked in Criminal Law, Family Law, Real Estate Law and Probate for Hawaii on
Q: My dad pass away 2 years ago in his house in Hawaii with my stepmother. The house is already paid off. They have a will

And my dad still have living siblings. Also I would like to open a case for my dad. Need your help.

Richard Samuel Price
Richard Samuel Price
answered on Jan 13, 2017

If your dad lived in Hawaii when he passed, then a probate action would be brought in Hawaii. You may want to repost your question under Hawaii.

1 Answer | Asked in Criminal Law for Hawaii on
Q: Can a defendant have a public defender and a private attorney on record at the same time after sentencing?

Defendant was sentenced to consecutive terms on 3 counts, (5 years, 5 years and 1 year). Motion to Reconsider denied. Public Defender was unresponsive for more than 2 years, family retained private counsel. Both defense counsel's filed "Stipulations,15 days apart. Information provided... View More

Barry Lloyd Sooalo
Barry Lloyd Sooalo
answered on May 9, 2017

Short answer: yes. This can occur. The defendant would have to be indigent to have a PD. Private counsel would be there as a volunteer or pro bono and both counsel would have to consent to the dual counsel arrangement, as well as the client. Not an ideal way to proceed, but under that scenario,... View More

1 Answer | Asked in Criminal Law for Hawaii on
Q: I have heard that if I am pulled over for a suspected DWI I can refuse a breathalyzer test. Is this true?
Stephen Bilkis
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answered on Jun 11, 2016

You do have a right to refuse a breathalyzer test, but the question is whether it is worth your while. By refusing the test, you can wind up being charged with your refusal (even if you are found not guilty for the DWI).

This is because when you obtained your license, you automatically...
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2 Answers | Asked in Criminal Law for Hawaii on
Q: In Hawaii, is it illegal for my neighbor to videotape or photograph me or others on my property?

Is there any legal action I can take? Any advice?

Robert Jason De Groot
Robert Jason De Groot
answered on Sep 19, 2015

This forum does not have many attorneys who answer questions in your state. Go see a local one.

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1 Answer | Asked in Criminal Law for Hawaii on
Q: What does stipulation for protective order re discovery to help rule 16 (e) (4) mean?
Robert Jason De Groot
Robert Jason De Groot
answered on Aug 25, 2015

Do you really expect an answer to this without providing all of the facts? A stipulation is an agreement between parties in a lawsuit. It appears that the parties have agreed to a protective order, concerning discovery. Look up the rule.

1 Answer | Asked in Criminal Law for Hawaii on
Q: Is it against the law to take photographs of a minor in a public space without consent
Robert Jason De Groot
Robert Jason De Groot
answered on Aug 26, 2015

Probably not.

1 Answer | Asked in Criminal Law for Hawaii on
Q: Is it TRUE that in Hawaii, there is a law that requires citizens to own and maintain a boat or face fines?
Robert Jason De Groot
Robert Jason De Groot
answered on Sep 11, 2015

Ask the people in government about this, probably code enforcement.

1 Answer | Asked in Criminal Law for Hawaii on
Q: How much jail time would you get for assault in the first degrees in Hawaii
Robert Jason De Groot
Robert Jason De Groot
answered on Oct 29, 2015

An intenet search for punishment for crimes in Hawaii, can get some basic information: http://www.criminaldefenselawyer.com/topics/hawaii-crimes-laws-penalties

1 Answer | Asked in Criminal Law for Hawaii on
Q: Do I need a lawyer for a petty misdemeanor, and if found guilty, will I have a criminal record?

I am accused of being in a public park after closing hours and having alcohol there.

Robert Jason De Groot
Robert Jason De Groot
answered on Nov 1, 2015

Yes, and yes.

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