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
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
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... View More
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?
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... View More
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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
How can I get charges dismissed
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
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
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
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.
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
I told the lady there was no damage. There was lots of traffic backing up. I got back into my car pulled out and as I was moving forward the lady grabbed onto my cars driver side mirror almost pulling it off. I told the lady there was no damage get off my car. She let go. So I left thinking she... View More
answered on Oct 10, 2022
I recommend that you hire a competent attorney, or, if financial circumstances do not permit that, to apply for the services of a public defender. Depending on how you are charged, this is a matter which could result in the potential for jail time under these facts, possibly up to 10 days! While... View More
Forward and say it wasn’t theirs? Would they get let go? It was in my truck so?….
answered on Sep 17, 2022
Aloha, as you could potentially incriminate yourself and get charged, I would advise you assert your 5th Amendment Right to remain silent. But, if your friend calls you as a witness at trial you should seek the advice of an attorney.
I wish you the best of luck.
answered on Sep 17, 2022
It is a misdemeanor. Hawaii Revised Statutes, § 712-1222 (2013 reads as follows:
Promoting Gambling In the Second Degree.
(1) A person commits the offense of promoting gambling in the second degree if the person knowingly advances or profits from gambling activity.
(2)... View More
answered on Jun 10, 2022
Aloha,
You have some very important Constitutional rights. First of all, you have the 5th Amendment right against self incrimination; the 6th Amendment right to counsel, and to a jury trial if you so choose; and the 5th and 14th right to du process. Probably the most important of these... View More
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.
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
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
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
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
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
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
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
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.
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
What is the statutes of limitations on drug evidence
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... View More
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
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
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