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Hawaii Civil Rights Questions & Answers
1 Answer | Asked in Civil Litigation, Civil Rights, Elder Law and Real Estate Law for Hawaii on
Q: I was unfairly targeted by our HOA on miniscule house infraction, while others are not.

Believe this was because I always question their accusation and this is a form of retaliation. I have been served notice of foreclosure due to non payment of fines and lawyers fee. How can I protect my right as homeowner and a senior citizen of 77 years old, living alone on SSI. I have lived in... View More

James L. Arrasmith
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answered on Jun 29, 2024

This is a difficult and stressful situation you're facing. As a senior citizen on a fixed income, dealing with potential foreclosure is especially concerning. Here are some steps you may want to consider:

1. Review your HOA's governing documents and bylaws to ensure they followed...
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1 Answer | Asked in Personal Injury, Child Custody, Civil Rights and Constitutional Law for Hawaii on
Q: Can I file the fraud on the court and habeas petition As one document

Minor petitioners

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answered on Jun 22, 2024

Based on the Constitution and legal procedures in the United States:

Filing a fraud on the court claim and a habeas corpus petition as a single document is generally not recommended, as these are separate legal actions with different purposes and requirements:

1. Fraud on the court:...
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Q: file complaint of discrimination; kicked off from break room; signed a Chemical contained room; got sick since, accused

After I filed a complaint of discrimination; my employer kicked me off from the break room I was using; signed me a men's restroom for my bag and food, I carried my bag with food and work at same time for a week. then my employer signed me to use a Chemical contained, air polluted room; I got... View More

James L. Arrasmith
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answered on Jun 21, 2024

Based on the situation you've described, it appears you may have grounds for multiple legal claims against your employer. Here's a general overview of potential steps you could take:

1. Document everything: Keep detailed records of all incidents, communications, and any evidence...
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1 Answer | Asked in Personal Injury and Civil Rights for Hawaii on
Q: 1 sister has home sec. cams in lvng room to watch mom (99ys) while she is at work. Other sis picks mom up turns cams aro

Sister 2 covers cameras or turns them around. Is this considered damage ? What kind of recourse does sister 1 have to prevent sister 2 from disabling cameras? Is there a reasonable expectation of privacy in a living room? Which extends to someone allowed in the home for a specific purpose only?... View More

James L. Arrasmith
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answered on Jun 3, 2024

If your sister turns the cameras around or covers them, it might not be considered damage unless the cameras are broken or malfunctioning as a result. However, it does interfere with your ability to monitor your mom, which can be concerning, especially if her safety is at risk.

You can...
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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
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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 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.

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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, 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.

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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 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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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.

James L. Arrasmith
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answered on Jan 26, 2024

Based on Hawaii's current laws regarding cannabis and THC, it is unlikely that you could be prosecuted just for personally possessing or using a vape containing THC derivatives like THC-P. Some key points:

- Hawaii legalized the personal use and possession of cannabis in small amounts...
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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

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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?
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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

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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.

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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 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.

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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

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 Civil Rights for Hawaii on
Q: Hello i have a question, the other day police arrested my friend for disorderly conduct while he was just trying to walk

away. 5 of them jumped him started beating him even tho he didnt do anything to them. I started filming it and one police officer told me and his sister to move so we did, couple seconds later she got my phone and came closer again to film it and they arrested her. I asked for my phone back they... View More

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answered on Sep 11, 2024

It sounds like a difficult situation, and it’s important to know your rights in cases like this. Generally, the police can seize a phone if they believe it contains evidence of a crime, but they should provide a receipt for the seized property. You have the right to request this receipt and... View More

1 Answer | Asked in Civil Rights and White Collar Crime for Hawaii on
Q: I won a lottery from facebook. It's 31mill,and they gave 10mill to a lady who they thought was my wife.

And took back the rest. And left me with nothing . The agent also bribed me for 50,000. And someone erased the agents words on my phone. And my pics to. And made a fake post of me saying I got it. And he the agent promises me delivery in 6hrs but didn't do it. I think it's a breached... View More

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answered on Sep 7, 2024

It sounds like you may have been the victim of a scam, which can be a frustrating and distressing experience. When it comes to lotteries and large sums of money on platforms like Facebook, it’s important to remember that legitimate lotteries don’t require payment upfront to claim a prize. If... View More

1 Answer | Asked in Criminal Law, Traffic Tickets, Civil Rights and Landlord - Tenant for Hawaii on
Q: Can a property manager have your car towed from parking lot after saying it's OK to park it there.

The plates had been removed due to vandalism Even though there are 11 other vehicles in parking lot with illegal registration? He then lies and says he asked us if it was my vehicle and I just ignored him. He also said he gave me 3 warnings to have it moved or it would be towed. So he had it... View More

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answered on Jul 27, 2024

If the property manager initially gave you permission to park your car in the lot, having it towed later seems questionable, especially when other vehicles with illegal registration were not towed. The key issues here are the removal of your license plates due to vandalism and the contradictory... View More

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