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Hawaii Criminal Law Questions & Answers
2 Answers | Asked in Criminal Law, Real Estate Law, Constitutional Law and Government Contracts for Hawaii on
Q: Are Lawyer liable for improper fraud claims?
Tim Akpinar
Tim Akpinar
answered on Aug 13, 2024

A Hawaii attorney could advise best, but your question remains open for a week. Do you mean a claim based on factually fraudulent evidence, that the attorney knows to be false? Yes

Or do you mean a claim against a defendant that the attorney is basing on a theory of fraud (as in a...
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1 Answer | Asked in Criminal Law and Federal Crimes for Hawaii on
Q: Can probation get revoked if they got arrested? Arrested isn't convicted

Just because someone got arrested that doesn't mean they picked up a new charge because they were not yet convicted. Would that be grounds for probation revocation or modification?

James L. Arrasmith
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answered on Jun 22, 2024

Getting arrested while on probation can potentially lead to probation revocation or modification, even if the person hasn't been convicted of a new charge. Here's a breakdown of the situation:

1. Probation conditions: Most probation agreements include a condition that the...
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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 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 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
James L. Arrasmith
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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.

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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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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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
T. Augustus Claus
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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

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

James L. Arrasmith
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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

1 Answer | Asked in Criminal Law, Federal Crimes, Identity Theft and White Collar Crime for Hawaii on
Q: I was questioned by detectives in custody checked didn't want to discuss the case I wanted lawyer, was that a statement?

2 times in one day in custody detectives came and first one I told I never got my miranda rights read to me. she pulled out a paper with 3 check boxes 1. want to discuss the case I (*checked NO). 2 I don't remember but checked no. 3 was I want a lawyer(*checked YES) then initial she told me... View More

Mark Simonds
Mark Simonds
answered on Nov 28, 2023

What you did was assert your rights under the United States Constitution and the Hawaii State Constitution. Assertion of your rights does not constitute a statement, and, in a trial, that assertion cannot be used against you as evidence of guilt.

Typically, if you are advised of your...
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1 Answer | Asked in Criminal Law for Hawaii on
Q: Is it alright to use an airhorn to deter someone when they are getting aggressive?

There is this person who I've had words with that often times starts arguments from nothing, i.e. minding my business than they show up to yell about something. If I've had history of this person being verbally aggressive to start fights, can I use an airhorn as a way to fend them off?

Mark Simonds
Mark Simonds
answered on Nov 12, 2023

You are better off filing an ex Parte Petition for a Temporary Restraining Order, pursuant to Section 604-10.5 of the Hawaii Revised Statutes.

Once filed, and, if granted, follow through with service and attend the court hearing.

The self-help center of your local courthouse can...
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1 Answer | Asked in Criminal Law for Hawaii on
Q: How many diazepam can a person legally have?
T. Augustus Claus
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answered on Oct 13, 2023

There is no legal limit on the number of diazepam pills a person can possess in Hawaii. However, diazepam is a Schedule II controlled substance, which means that it has a high potential for abuse and addiction. As a result, it is important to only possess diazepam if you have a valid prescription... View More

1 Answer | Asked in Criminal Law for Hawaii on
Q: I was arrested and charged with UCPV bail set$12,000 I didn’t steal vehicle it was given to me as a gift by a friend

How can I get charges dismissed

Mark Simonds
Mark Simonds
answered on Sep 24, 2023

There are situations in life where an attorney is not a luxury, but a necessity. This is one of those times as Unauthorized Control of a Propelled Vehicle in Hawaii is a serious felony. Based on your question you may have a potential defense (Lack of intent) that may be worthwhile to discuss with... View More

1 Answer | Asked in Criminal Law for Hawaii on
Q: Oh and I nearly forgot when they took me to the holding cell .I was repeatly asking to talk to my lawyer

They just kept ignoring me I felt like they were not honoring my rights so when they questioned me I just answered making up wat ever because I felt they were not respecting my rights

Mark Simonds
Mark Simonds
answered on Apr 3, 2023

When someone is in police custody, and subjected to interrogation, all questioning must cease if the person detained requests a lawyer. Also, if the person detained asserts their right to remain silent, police must cease questioning, however, my resume questioning at a later time. Please talk to... 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

James L. Arrasmith
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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

1 Answer | Asked in Criminal Law, Civil Rights and Landlord - Tenant for Hawaii on
Q: Can a property manager take your clothes from laundry room and not tell you where he put them for 3 weeks?

Property manager and his boss kept making me ask each other where my laundry was for 3 weeks. It was destroyed by mold before I got it back.

James L. Arrasmith
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answered on Jul 27, 2024

No, a property manager shouldn't take your clothes from the laundry room without informing you. This situation is both unfair and unprofessional. You have the right to know where your belongings are and to have them returned promptly.

The fact that they kept making you ask each other...
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1 Answer | Asked in Criminal Law for Hawaii on
Q: Does a dismissed citation in Hawaii remain on my record?

I was given a citation for drinking on the beach in Hawaii. I live in North Carolina and was told to call to schedule a virtual court appearance. When I called, I was informed that the case was not being pursued by the prosecutor so it is dismissed. I asked if this meant it would not appear on... View More

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answered on Nov 6, 2023

Yes, a dismissed citation in Hawaii can remain on your record. In Hawaii, dismissed citations are not automatically expunged from your record. If you want to have a dismissed citation expunged, you must file a petition with the court.

1 Answer | Asked in Criminal Law for Hawaii on
Q: In a Hawaii criminal citation for drinking on the beach, the PO left out the Law section that I committed, is this valid

Hi I was caught drinking at waikiki beach and was given a citation for 3 charges, "Park Rules, Prohibs, & Litter Control". The area for "Section" to the left of it was left blank so I don't know exactly which crime I committed as per Hawaii law. Is this a reason for my... View More

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answered on Jul 12, 2023

if the "Section" area of the citation was left blank, it could potentially be a procedural error. However, whether or not this error alone is sufficient to have your case dismissed would depend on the specific laws and procedures in Hawaii, as well as the discretion of the court handling... View More

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