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Hawaii Questions & Answers
1 Answer | Asked in Business Law and Health Care Law for Hawaii on
Q: Is wearing a mask legally required in a place of business for Hawaii residents?
Tim Akpinar
Tim Akpinar answered on Jun 19, 2020

A Hawaii attorney is best qualified to answer your question, but your post remains open for three weeks. Until you are able to consult with a local attorney, the general consensus throughout the nation during this pandemic appears to support businesses requiring the wearing of masks. If you are... Read more »

1 Answer | Asked in Medical Malpractice for Hawaii on
Q: Doctor refuses to treat ADHD with medication an adult who was diagnosed but never treated as child?

If asked to justify their decision with the weighing of the potential benefits vs. potential drawbacks (as the prescribing guidelines say to do) and they refuse or don't justify their decision. What then

Tim Akpinar
Tim Akpinar answered on Jun 14, 2020

A Hawaii attorney could advise best, as state health or insurance laws could apply. However, you await a response for two weeks. As a general matter, without regard to jurisdiction, it does not appear to be a matter of medical malpractice, unless the refusal constitutes a beach of duty of medical... Read more »

1 Answer | Asked in Personal Injury for Hawaii on
Q: what can I do if i got hit and a broken toe by someones 70mph RC car that they were racing on the street?

When we arrived at the mechanic, the workers were all out of the street racing RC cars that reach up to 100mph. My friend and I, who were waiting to pick up his truck were on the side watching them. They were drinking beers as well. They agreed to one more race and as they were coming back at a... Read more »

Tyler Young
Tyler Young answered on Jun 11, 2020

This sounds like a classic case of "negligence." The question is whether the person driving the RC car has assets to cover your claim. He/she, or the business, certainly may have insurance to cover this. You should consult a personal injury attorney in Hawaii to, among other things,... 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 Employment Law for Hawaii on
Q: so my dad got ticket 127a-25 but he just came from work

my dad just came from work then when he just driving back to home he get full over the the cops gave him ticket about 127a-25

Maurice Mandel II
Maurice Mandel II answered on May 30, 2020

That is just horrible, so sorry to hear this. But even if your dad was driving a company vehicle, the company is not usually responsible for moving traffic violations, it is the responsibility of the driver to comply with the traffic laws.

You should consult an employment attorney in your...
Read more »

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 Uncategorized for Hawaii on
Q: I was planning on getting married may 2, 2020. We decided to postpone it due to corona virus. We did put a deposit down.

I asked for a refund, officiant said it is non refundable. I just want to know if there’s a way to get it back.

Tim Akpinar
Tim Akpinar answered on May 25, 2020

A Hawaii attorney could answer best, as your options or remedies could involve state law. But you await a response for three weeks. These situations, as a general matter, will be determined by the terms of the agreement - definitions, contingencies, handling of deposits, etc. Without seeing the... Read more »

1 Answer | Asked in Contracts, Government Contracts, Intellectual Property and Land Use & Zoning for Hawaii on
Q: Can I hire a paralegal instead of a lawyer for a lawsuit
Tim Akpinar
Tim Akpinar answered on May 23, 2020

Someone familiar with the rules governing paralegals in Hawaii should answer your question, but your post remains open for four weeks. As a general matter without regard to jurisdiction, paralegals can perform many functions, such as research, preparing forms, investigating claims, etc. Paralegals... Read more »

2 Answers | Asked in Copyright and Intellectual Property for Hawaii on
Q: Am I able to write a book to teach towards an industry certification without permission of the owning organization?

The certification is owned by CompTIA. I'd like to write it explicity for the Security+ exam (completely in my own words of course).

Bill Hulsey
Bill Hulsey answered on May 19, 2020

Usually, yes.

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1 Answer | Asked in Tax Law for Hawaii on
Q: I am a US citizen and receive both USA SS retirement and UK equivalent to SSA. Is the UK pension HI taxable?
D. Mathew Blackburn
D. Mathew Blackburn answered on May 11, 2020

Probably. I'd need more info to be sure but generally the income worldwide of a US citizen is taxed under US law. The TCJA was supposed to fix that and most professionals agree that it actually made is worse.

I would hire a professional to do the return.

Best of luck.

2 Answers | Asked in Employment Law for Hawaii on
Q: Do I have a case for wrongful termination due to a false accusation made by a whistle blower?

I was an executive of an Independent hotel and was terminated due to a letter from a whistle blower send to the CEO/Owner of the company. The accusations were totally false however the owner of the company decided to terminate my employment without investigating my side of the story. Do I have... Read more »

Carrie Dyer
Carrie Dyer answered on May 6, 2020

Probably not. Hawaii is an at-will state, meaning that your employer can end the employment relationship for any reason or no reason. There are very few exceptions to this general rule. Without more information, I cannot determine if your situation falls into an exception. You should consult an... Read more »

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1 Answer | Asked in Estate Planning for Hawaii on
Q: My sister said that she was in charge of dividing my mother's estate. I havent even seen the will. How do I make her

Show me the will?

Nina Whitehurst
Nina Whitehurst answered on Apr 27, 2020

The will should be lodged in with the probate court by now, and you can get a copy from the court as it is now a public document. If your sister has not yet opened probate, then you can hire an attorney and open a probate yourself and the judge can require your sister to turn over the will.

2 Answers | Asked in Bankruptcy for Hawaii on
Q: Are my stocks exempt from Chapter 7 Bankruptcy in Hawaii?

I am filing a ch.7 bankruptcy in the near future. The only assets I have are a car valued at $1200 and around $2500 in stocks. Thats it, no savings or money in my checking. Can they come after my stocks? I am pretty sure my car is exempt but I am wondering if they can come after my stocks if they... Read more »

Timothy Denison
Timothy Denison answered on Apr 27, 2020

You should be able to protect the stocks with your exemptions.

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1 Answer | Asked in Civil Litigation for Hawaii on
Q: I do not have a license or insurance and was rear ended will their insurance pay my repairs and can I get in trouble?
Tim Akpinar
Tim Akpinar answered on Apr 24, 2020

This is something on which a Hawaii attorney should advise, as it would be governed by state law. But your post remains open for four weeks. Until you obtain meaningful guidance from a Hawaii attorney, a general premise applied in many jurisdictions is that an accident victim without insurance... Read more »

1 Answer | Asked in Car Accidents for Hawaii on
Q: my daughter bumped into a parked car while backing out of a driveway. She panicked and kept driving.

the owner was in the car. Came to our house and told us what had happened. We called our daughter and she came back. She has autism and was scared. There was a dent on our car but nothing on the parked car. She apologized to the owner. Police gave her a citation to appear in court. What can she... Read more »

Peter N. Munsing
Peter N. Munsing answered on Apr 23, 2020

A lot depends on what the charge is. If it's for a minor "failure to pay attention" then pay the fine and move on.

If it's for leaving the scene, that can be serious and it's worth at least consulting an attorney who handles traffic court if that's where it's headed.

1 Answer | Asked in Estate Planning, Landlord - Tenant and Probate for Hawaii on
Q: After I pass away, Will my residential property give to my wife when the property is my parents and I in title.

My father, mother and I in our residential property title. How will the property split its ownership when one of us passed away. Can someone argue to fight to own the property when one of us passed away.

Timothy Denison
Timothy Denison answered on Apr 21, 2020

One would have to see the deed to properly answer this question but probably it will be owned by right of survivorship, which means after first of you die, owned by other two. After the second dies, it goes solely to the last person living.

1 Answer | Asked in Employment Law and Immigration Law for Hawaii on
Q: Filing unemployment but my I-551 card does not have exp. date, what should I put on the unemployment application?
Adan Vega
Adan Vega answered on Apr 18, 2020

You are a permanent resident. If you lose your resident card or you are in possession of a resident card that is expired or a version that has no expiration date, you are and, in fact , remain a permanent resident until you voluntarily abandon that status or a judge rules that you are no longer a... Read more »

1 Answer | Asked in Employment Law, Admiralty / Maritime and Arbitration / Mediation Law for Hawaii on
Q: I have a situation with a union that requires me to fly out to another State to their medical facility for a physical.

If I don’t the Union will not “clear” me to work. Amid the Covid-19 outbreak I have asked if the Union has designated “local” areas in my Home State where we can complete annual physicals while reducing the risk of spreading or contracting COVID-19. Their answer was no, and that there... Read more »

Tim Akpinar
Tim Akpinar answered on Apr 7, 2020

The maritime unions are dealing with some extraordinary measures in light of this virus, particularly for vessels operating in the Pacific. There have been newly implemented measures involving restriction of crews to vessels, cessation of crew rotations, etc. Given the current atmosphere, unions... Read more »

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 »

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