Hawaii Questions & Answers by Practice Area


Hawaii Questions & Answers

Q: I bought a condominium apartment 4 years ago and was not informed about the existance of asbestos in the ceiling.

1 Answer | Asked in Real Estate Law for Hawaii on
Answered on May 10, 2017

Sellers have to disclose material facts that they know or should know. Dependent on what it would likely cost to remove the asbestos you can investigate if the seller should have known about it and revealed it.
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Q: Can a defendant have a public defender and a private attorney on record at the same time after sentencing?

1 Answer | Asked in Criminal Law for Hawaii on
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, described herein, yes, a defendant could end up being represented by both the PD and private counsel.
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Q: Can someone that is pretrial in Hawaii for Terroristic Threatening get out on conditional release or Rel on Recog?

1 Answer | Asked in Criminal Law for Hawaii on
Answered on May 9, 2017

The answer to your question is yes, the Defendant can be released on Supervised Release on the facts you presented, provided, Defendant's record is limited to this arrest only and is not loaded with multiple arrests for similar conduct or charges.
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Q: If someone is being convicted for drug charges class A B & C and it is the first time what are chance of no prison time?

1 Answer | Asked in Criminal Law for Hawaii on
Answered on May 9, 2017

Whether you are sentenced to prison or not will depend on too many factors to discuss in this forum. Your past criminal history, if any, is relevant to the Court's inquiry. Selling drugs v using drugs is also relevant to this issue. Conduct since arrest is also relevant. Fortunately for you, the Hawaii legislature recently passed a number of laws that might assist you in making sure you don't got to prison for drug offenses of the type you describe above. Your best bet at this time is to...
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Q: status of 20 yr.old charge terroristic threatening?can i change the wording of charge to regain access on navy base

1 Answer | Asked in Criminal Law for Hawaii on
Answered on May 9, 2017

There are two ways to possibly change the TT conviction from a TT conviction to possibly something else. There might be other ways, but my experience tells me there are two proven methods for doing what you seek to have done. Feel free to contact my office for a further consultation regarding your matter. Barry Sooalo. 808-754-5669.
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Q: If you acquire a company do you have any obligation to retain their independent contractors?

1 Answer | Asked in Mergers & Acquisitions for Hawaii on
Answered on Apr 28, 2017

If you purchase the stock of a company you are obligated to honor existing contracts. If you buy the assets of the company you can purchase the assets and limit the obligations and contracts you accept in the purchase. If the independent contractors have contracts, you have to honor those contracts. If they have termination provisions, then you or the current owner of the company can terminate them. I would have the independent contractors terminated and a release obtained by the Company...
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Q: I read about "Series LLC"which allows one to set up one or more series of assets w/i a single LLC. Is this aval in Hi?

1 Answer | Asked in Business Formation for Hawaii on
Answered on Apr 19, 2017

Hawaii law does not currently provide for series LLCs. If you wanted to use Hawaii LLCs, you would have to form multiple LLCs, which you could then stack under a holding company if you wanted. Alternatively, you could always just form your LLCs in a jurisdiction that allows series LLCs, e.g., Delaware, which may be more efficient depending on how many series or separate LLCs you anticipate needing.
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Q: so im trying to get my green card or adjust my immigration status in the us but national visa center said i need to go t

1 Answer | Asked in Immigration Law for Hawaii on
Answered on Apr 12, 2017

In general, once you have overstayed your visa you can not change or adjust status without leaving the USA to do so. An exception is if you are adjusting through a USC immediate relative.

You are correct that if you leave the country you may be subject to a ban and you will need a waiver to return.
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Q: Hrs 286-207 exemptions certain vehicles. Part 8

1 Answer | Asked in Car Accidents, Traffic Tickets and Civil Rights for Hawaii on
Answered on Apr 8, 2017

You are missing something. The DMV doesn't agree with you. http://www.dmv.org/hi-hawaii/motorcycle-registration.php
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Q: If a surviving spouse is left out a will, are that allowed to "take against the will" and what will they get?

1 Answer | Asked in Probate for Hawaii on
Answered on Mar 5, 2017

I believe most states, if not all, have "forced share" statutes that entitle a surviving widow (or widower) to take a minimum share of the deceased spouse's estate, even when the decedent's will left her less than she would have been entitled to by intestate succession. There are many variations of this and many circumstances that may affect the size or proportion of her share. There are also variations in state laws about what of the decedent's property belongs to his probate estate and is...
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Q: If accident location is HI but an out of state policy is applicable to the claim, do the Hawaii Statutes override policy

1 Answer | Asked in Car Accidents and Personal Injury for Hawaii on
Answered on Feb 24, 2017

Generally the contract will be governed by the law of the place of the contract; Hawaii law would govern questions of liability and damages. However, you will need a Hawaii crash attorney. If it's Maui I suggest John O'Neill; tell him I suggested you call--he'll give you a free consult. Why would you want to apply a lower limit--you'd want the washington no limitiation, I believe.
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Q: Can I file an amendment to my revocable living trust with out my lawyer as long as it is notarized

1 Answer | Asked in Estate Planning for Hawaii on
Answered on Feb 22, 2017

Of course you can. You can also cut off your index finger, or do your own appendix removal.

What you SHOULD do however, might be different than what you can do.

Trusts are complicated documents and one section often relies on the language of another, and the WHOLE thing needs to work as a unit to accomplish the goals of the trust as it was set up.

An attorney will ask questions like WHY do you have a trust, WHAT are your goals, and HOW can we accomplish those goals...
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Q: If I am charged with a DWI will I lose my license when I go to court?

1 Answer | Asked in DUI / DWI for Hawaii on
Answered on Feb 12, 2017

Yes, you could. You are, however, entitled to a hearing to determine if the judge can take your license (provided you have taken a blood test). If you have any evidence that refutes what the court has against you, you may be able to keep your license while the case is being decided.
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Q: Do I need to have insurance if my online personal training client signs a liability release form and informed consent?

1 Answer | Asked in Business Formation, Business Law, Contracts and Personal Injury for Hawaii on
Answered on Feb 6, 2017

I hope you had a professional in insurance defense look at your release and waivers. The problems inherent in your business if you are doing nutrition, excercise, don't necessarily review doctor reports, especially if you don't have a degree in either are daunting. Insurance, being a P.C. or Corporation are other things to discuss with the attorney.
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Q: Someone is accusing me and my fiancé of crashing into their car. We weren't there and they have no actual proof.

1 Answer | Asked in Traffic Tickets, Car Accidents, Military Law and Small Claims for Hawaii on
Answered on Feb 2, 2017

Notify your insuance to be on the safe side. Have an attorney draft a cease and desist letter. They can also give you a couple of short sentences you can respond to. If they aren't getting a rise out of you, sooner or later they will find something else.
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Q: In the state of Hawaii, can a non-custodial parent relinquish their rights to children and not pay support?

1 Answer | Asked in Child Custody and Child Support for Hawaii on
Answered on Dec 15, 2016

The brief answer is that a non-custodial parent cannot relinquish/terminate their rights to their child, nor their child support obligation. The only two exceptions would be (1) the State (through Child Welfare Services/Department of Human Services) terminates the parent's rights to the child as an unfit parent, based on abuse or neglect; or (2) if there is a proposed adopting parent who will take the place of the parent giving up his or her rights (an example would be the new husband of the...
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Q: Is licensure required to practice Biomechanics, particularly Forensic Biomechanics, in the state of Hawaii?

2 Answers | Asked in Employment Law, Personal Injury and Insurance Defense for Hawaii on
Answered on Aug 16, 2016

Depends on what the person is doing. For many aspects of engineering you don't need to be a licensed P.E.

As to "forensics" that will depend on whether a Court recognizes the individuals training, experience and background.
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Q: my minor son will be getting a structured setement in the state of hawaii for the wrongful death of his father

1 Answer | Asked in Wrongful Death for Hawaii on
Answered on Jul 22, 2016

That would make sense.You may want to set it up so that he doesn't get all the money by age 18, if the Court(s) will let you do that. Talk to an attorney who handles family law matters.It shouldn't be that expensive, so paying them per hour may make the most sense. Then when it's established the settlement from Hawaii can go to him.

You may have to appear for a hearing in Hawaii if the estate was opened there for purposes of litigation.

All the best.
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Q: If a permanent resident who has lived in the US for 5 years, and who has a petition in for their 3 unmarried children,

1 Answer | Asked in Immigration Law for Hawaii on
Answered on Jun 29, 2016

Yes, your case will be automatically updated but it takes time for it to be done automatically. If you update your status yourself the process will be much faster. And the priority dates will also change after you become a U.S citizen.

All the best.

-Shan Potts

Like our facebook page for immigration and visa updates - www.facebook.com/pottsmartinez

15 years of successful immigration law experience. The answer above is only general in nature cannot be...
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Q: hello my name is machiko, im half japanese. i tried applying for f1 visa before my j1 visa expired. i was denied

1 Answer | Asked in Immigration Law for Hawaii on
Answered on Jun 21, 2016

You usually have 60 days to leave the country after your I-94 expires. If it has been more than 60 days since your visa expired, you may have a ban.

All the best.

-Shan Potts

Like our facebook page for regular immigration and visa updates - www.facebook.com/pottsmartinez

15 years of successful immigration law experience. The answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your...
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