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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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”)... Read 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... Read 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... Read 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... Read more »
I'm having Ni some with the person I. Have 21st
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 »
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
where do I find these numbers to look up a specific attorney??
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.
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.
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 »
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 »
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 »
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 »
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 »
Youngest brother was not a U.S. citizen and he was in a Federal Prison for less than a year prior to his deportation.
answered on Sep 26, 2019
He would need permission from the federal government. You can apply
answered on Feb 25, 2019
Without knowing the particulars of your case, the answer is generally yes
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
answered on Sep 30, 2018
There is no way an internet attorney could advise you based on those limited facts.
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