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Hawaii Questions & Answers
1 Answer | Asked in Immigration Law, Employment Law and Tax Law for Hawaii on
Q: Is it ok, if a friend of mine sets up a Gofundme for legal fees and put me as the beneficiary? I am on a O1-B visa.

I am not concerned about the possibility of paying taxes, but if it won't be seen as something outside the scope of my employment. Thank you

James L. Arrasmith
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answered on Apr 5, 2024

As an O-1B visa holder, it's important to ensure that any financial assistance you receive does not violate the terms of your visa or create issues with your employment. Here are a few things to consider:

1. Purpose of the funds: If the legal fees are related to your employment or the...
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1 Answer | Asked in Landlord - Tenant for Hawaii on
Q: HELP!! PLEASE!! manager, MGMNT company, and board constantly harass me knowing limited income CANT SUE. they won't stop.

I am constantly harassed by property manager, mngmnt co, and members of board.

1. Parked motorcycle behind my car making me late for work stating he had been trying to get ahold of me concerning serious matter. He never sent one email text message or a phone call.

2. He took my... View More

James L. Arrasmith
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answered on Apr 16, 2024

I'm sorry to hear about the difficulties you're facing with your property manager and board. It sounds like a very challenging situation. Given the nature of the harassment and the actions you described, it might be wise to document everything meticulously. Keep a detailed record of all... View More

1 Answer | Asked in Criminal Law and Admiralty / Maritime for Hawaii on
Q: I am pro se and need to know the best place to obtain the process and stages, as well as court etiquette, and doc filing

It is a misdemeanor, but self defense. Need to know how to navigate thru law of the sea in court, as an American National under law of the land, common law. In Hawaii dist 1. Just their procedures. Thank you.

Tim Akpinar
Tim Akpinar
answered on Apr 23, 2024

I'm not a criminal defense attorney, but you posted under Admiralty/Maritime, and your question remains open for four weeks. It would probably be best for an experienced criminal defense attorney who practices in Hawaii to advise you. But as a general point, I see you are working on... View More

1 Answer | Asked in Estate Planning for Hawaii on
Q: Is it normal to be asked by an attorney about my medication situation, my government situation & names of my kids ?

My dad recently passed away and name me and my 2 older sisters in his will.

Tim Akpinar
Tim Akpinar
answered on Apr 18, 2024

A Hawaii estate planning attorney could advise best, but your question remains open for four weeks. I'm sorry for the loss of your father. It could depend on the role of the attorney - tax, private dispute, etc. As a general short answer, without practicing in this area and not knowing the... View More

1 Answer | Asked in Appeals / Appellate Law, Child Custody, Civil Rights and Family Law for Hawaii on
Q: How can I see a judge over a tro that was default judgement against me because of missing a hearing due to medical
James L. Arrasmith
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answered on Mar 24, 2024

If you've received a default judgment against you for missing a hearing due to medical reasons, it's essential to act promptly. Start by gathering all relevant medical documentation that explains your absence. This should include dates, the nature of your medical issue, and notes from... View More

1 Answer | Asked in Landlord - Tenant for Hawaii on
Q: Landlord entered property without properly notifying the tenants.

We had scheduled maintenance for a certain time and day. On that day we were never notified that that the maintenance was moved to an earlier time and the landlord and property manager enter the premises without notifying us at all. We did not at all feel comfortable with that seeing as there was... View More

James L. Arrasmith
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answered on Mar 30, 2024

In instances where your landlord or property manager enters your premises without proper notification, it's crucial to first consult your lease agreement. This document often outlines the notification requirements and entry rights for landlords. Generally, landlords are expected to provide... View More

1 Answer | Asked in Landlord - Tenant for Hawaii on
Q: landlord has verbally demanded to move out by end of the month on the 3/4/24 without cause and we do not have a rental c

I was 3days late on rent but have not been a bother to know why I am being thrown into hardship so unexpectedly. is there anything I can do to protect my kids and I, even by giving us a few more days to least find a place to move to?

James L. Arrasmith
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answered on Mar 31, 2024

I'm so sorry to hear about the difficult situation you and your family are facing. Being told to move out unexpectedly, especially with kids, is incredibly stressful. While laws vary by location, in most places, landlords cannot verbally demand that you vacate without proper written notice and... View More

1 Answer | Asked in Landlord - Tenant for Hawaii on
Q: I have a lightbulb camera outside of my apartment front door. It faces the main entry gate to our building, Is that ok?

There are 2 other units front doors in view of my camera field of vision. But that’s the only way to view the front main entrance from my unit. Is that illegal? I was told to turn it away or remove it

James L. Arrasmith
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answered on Mar 31, 2024

The legality of using a camera that captures views of neighboring units can vary depending on your location and specific circumstances. In general, you have the right to install security cameras on your property for safety purposes. However, the camera should not infringe upon the reasonable... View More

1 Answer | Asked in Civil Litigation, Employment Law and Personal Injury for Hawaii on
Q: Got laid off after 15years making complaints about work safety. Forced to use expired safety equipment. Union did nothin

Union backed the company. I went out on TDI and soon as I got off I got let go.

Tim Akpinar
Tim Akpinar
answered on Mar 25, 2024

A Hawaii attorney could advise best, but you await a response for four weeks. One option is to reach out to employment/labor law attorneys to try to arrange a brief, free initial consult. In addition to your own searches, there's a tab above, "Find a Lawyer (which lists attorneys by area... View More

1 Answer | Asked in Contracts and Landlord - Tenant for Hawaii on
Q: If a tenant who is related to the landlord doesn't have a lease/rental agreement but pays rent what rights do they have?

My sister lives in the main house on my mom's property and my mom lives in the cottage. She does not have a rental/lease agreement but does pay monthly rent which basically covers the mortgage. Recently there have been issues with one of my sister's friends who is there almost everyday... View More

James L. Arrasmith
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answered on Mar 31, 2024

In this situation, even though your sister is a relative and doesn't have a formal lease agreement, she is still considered a tenant because she pays rent. As a landlord, your mother has the right to set reasonable rules and expectations for the use of her property.

Here are some steps...
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1 Answer | Asked in Criminal Law, Federal Crimes and Personal Injury for Hawaii on
Q: How do get the sealed transcripts from a multimillion dollar Federal Case released to me, thge only victim and plaint

iff involved and a 5 m illion dollar rrcommendation was made against the Defendants in my favor. This case wron gfully dismissed by Judge Derrik Watson in Hazawaii Federal Court after he had a seald meetin g with my attorneys, MIchael Green and Earl Anzai. The JUdge dismissed rhis ccase and refuses... View More

James L. Arrasmith
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answered on Feb 25, 2024

To obtain sealed transcripts from a federal case, especially one where you were the plaintiff and victim, you should first consult with a new attorney if you believe your previous attorneys did not represent your interests adequately. A lawyer specialized in federal court proceedings can advise on... View More

1 Answer | Asked in Criminal Law, Traffic Tickets, Civil Rights and Municipal Law 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 and Education Law 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 Business Law and Contracts for Hawaii on
Q: I have a contract (in English) from a surfboard company in Portugal. Is there anyone there familiar with Portugese law?

This contract seems fishy.

Tim Akpinar
Tim Akpinar
answered on Feb 11, 2024

A Hawaii attorney could advise best, but your question remains open for two weeks. You may need to go outside this forum for guidance on Portuguese law - this is basically limited to U.S. law. Good luck

1 Answer | Asked in Education Law for Hawaii on
Q: Is changing LRE for a SPED student a defined process or a continuum?

Does a change in placement have to have defined steps such as GENERAL EDUCATION class, then to an INCLUSION SETTING, then to RESOURCE CLASS, or is it based on the IEP team's decision on what's best for the student.

T. Augustus Claus
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answered on Feb 2, 2024

In Hawaii, the process of changing the Least Restrictive Environment (LRE) for a special education (SPED) student is typically viewed as a continuum rather than a rigid sequence of defined steps. While there are guidelines and best practices in place to ensure that changes in placement are made in... View More

1 Answer | Asked in Consumer Law, Foreclosure, Real Estate Law and Collections for Hawaii on
Q: If making monthly mortgage payments, why am I in foreclose, and I have all my bank statements showing I have paid.

I asked where my payments went, if you are claiming I have not paid. No answer. SPS had blocked me from making my December, January and February payments because I was told I am in legal process of foreclosure. I asked why as I have been making payments. I was told I had not made any payments... View More

Blake Goodman
Blake Goodman
answered on Feb 1, 2024

You are being screwed with. I help people file bankruptcy to save their home from foreclosure, not this kind of thing.

You need to find an attorney that represents borrowers under the Truth in Lending Act (or TILA). See what you can find on Google for an attorney versed in this law that...
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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
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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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1 Answer | Asked in Criminal Law and Family Law for Hawaii on
Q: What are your rights as a parent when your child is facing criminal offense investigation? - Besides having an attorney
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answered on Jan 26, 2024

When a child faces a criminal offense investigation in Hawaii, parents have rights and responsibilities beyond securing legal representation. Parents should stay informed about the charges, legal proceedings, and potential consequences, with the child's attorney serving as a crucial source of... View More

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.

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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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