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Hawaii Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law, Personal Injury, Civil Rights and Domestic Violence for Hawaii on
Q: Is there invasion of privacy law in hawaii

I'm having Ni some with the person I. Have 21st

Tim Akpinar
Tim Akpinar answered on Sep 4, 2020

A Hawaii attorney could advise best, but your post remains open for two weeks. There most likely are such laws, as invasion of privacy is addressed in virtually every jurisdiction. It's a broad offense and can cover different wrongful acts, from disclosing sensitive information to casting the... Read more »

1 Answer | Asked in Criminal Law for Hawaii on
Q: What would be the charge for getting a Emergency order citation
Michael Fayard
Michael Fayard answered on Jun 2, 2020

127A-29 violations are generally misdemeanors with the maximum punishment of a $5000 fine and a year in jail. These charges also have the right to a jury trial. See https://www.fayard-law.com/maui-criminal-defense/maui-127a-29/ for more info

1 Answer | Asked in Criminal Law for Hawaii on
Q: What is the code to a lawyer by entering the number associated with that particular attorney called

where do I find these numbers to look up a specific attorney??

Michael Fayard
Michael Fayard answered on May 26, 2020

Do you mean bar number? If so, you can find that on the state bar association’s website (Hawaii is HSBA.org). And then you can search by attorney name. Other states allow searching by different parameters.

1 Answer | Asked in Criminal Law for Hawaii on
Q: Is this 291-3.3(b) a misdemeanor? or is it an infraction (like a jay-walking ticket)?
Michael Fayard
Michael Fayard answered on Mar 6, 2020

It’s a violation, much like a traffic ticket. It is generally offered when the state can’t prove a DUI.

1 Answer | Asked in Criminal Law for Hawaii on
Q: I am being accused of theft

I am being accused of theft in the 4th degree by an ex employer. I got a call from a detective asking me to come down to the station and have an “interview” I asked what’s the process? He then stated he first has to read my my rights and then it’ll take about 15-20 minutes. Does this mean I... Read more »

Michael Fayard
Michael Fayard answered on Feb 23, 2020

If a detective is calling you to "talk" about a case, it usually means that detective is trying to build a case against you in order to make an arrest. In other words, the detective is only wanting to talk to you because s/he doesn't have enough evidence to get a warrant or to arrest... Read more »

1 Answer | Asked in Criminal Law for Hawaii on
Q: Am i required to take a UA because I am on supervise release even though i havent been sentenced or charged yet?

I was released on supervise release and part of my terms and conditions is to call a number and if my color is called i need to go in a give them a Urine sample. If i havnt actually been sentence for the crime yet can they really tell me i need to do a UA?

Even if they have no reason to... Read more »

Michael Fayard
Michael Fayard answered on Jan 25, 2020

Unfortunately, yes. You can be required to provide a UA if it is part of your pre-trial release. Generally, it is mandatory if the court ordered it. Sometimes a motion can be filed to change the terms and conditions of the pre-trial release, but you would need a good reason to drop the potential... Read more »

1 Answer | Asked in Civil Rights, Criminal Law and Federal Crimes for Hawaii on
Q: I filed a police report for Unauthorized computer access, because perpetrators were hacking onto my security cameras.

The Detective said there was a cliche with my system. We contacted tech support and they said it's not a cliche. Due to an increase in hacking of our system we filed a 2nd report. Without contacting us and only looking at the evidence we summited in our report. The investigator has... Read more »

Gary Kollin
Gary Kollin answered on Nov 14, 2019

glitch not cliche

1 Answer | Asked in Criminal Law, Federal Crimes and Immigration Law for Hawaii on
Q: My brother was deported to the Philippines due to criminal activity. Can he come to Hawaii for our older brother funeral

Youngest brother was not a U.S. citizen and he was in a Federal Prison for less than a year prior to his deportation.

Gary Kollin
Gary Kollin answered on Sep 26, 2019

He would need permission from the federal government. You can apply

1 Answer | Asked in Criminal Law for Hawaii on
Q: In Hawaii district criminal court the AUSA failed to turn over discovery until after Motions deadline...can it be suppre
Gary Kollin
Gary Kollin answered on Apr 9, 2019

I will not second guess your lawyer. Ask your lawyer

1 Answer | Asked in Civil Rights and Criminal Law for Hawaii on
Q: Can the police enter a hotel room and use things found there against me and ubtain search warrants for vehicles I drive
Gary Kollin
Gary Kollin answered on Feb 25, 2019

Without knowing the particulars of your case, the answer is generally yes

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Hawaii on
Q: Wrongful foreclosure.excessive force by sheriff's. Should I take a plea?

Should I settle on degree assault? I was in a choke hold(100lbs) by a 300lb sheriff ..was trying to breath..said I kicked him and being charged w/ 1st degree assault

Gary Kollin
Gary Kollin answered on Sep 30, 2018

There is no way an internet attorney could advise you based on those limited facts.

1 Answer | Asked in Criminal Law and Personal Injury for Hawaii on
Q: What can I do if someone harasses me through text messages?

I am a student here at BYU Hawaii, and have received a message ..I do not know how they got my number.

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

Depending on what was said and your relationship with the person, you might want to make a police report so that incident can be documented and the police can explore the possibility of pressing charges. If it continues, or if you feel that your safety and property if threatened by the messages,... Read more »

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... Read 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.

2 Answers | Asked in Criminal Law for Hawaii on
Q: If I Recieve Messages From Someone Who Says He Will Kill Me if Im Around His Child Is That A Form Of Blackmail?

He Doesn't Have Custody Of The Child But I Come By To Visit The Mother Of The Kid, and He Feels As If Im Taking The Kid Away. He Started Sending Threats And Talking About My Family. Is That Black Mailing?

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

I think you need to clarify your question. I’m unsure what your asking.

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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... Read more »

Gordon Charles Webb
Gordon Charles Webb 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: 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... Read 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...
Read more »

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... Read more »

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... Read 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 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... Read 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,... Read more »

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