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Hawaii Questions & Answers
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 you, yet. The... Read more »

1 Answer | Asked in Personal Injury for Hawaii on
Q: Is there any case law referencing liability of property owner for injuries incurred by falling coconut
Tim Akpinar
Tim Akpinar answered on Feb 15, 2020

You'll probably have to run searches on either publicly or commercially available case law databases in jurisdictions where the issue arises. It isn't something that most lawyers in the mainland U.S. would readily have available at their disposal as a common reference. Good luck

Tim Akpinar

1 Answer | Asked in Immigration Law for Hawaii on
Q: Recommend a US sponsor letter for my friend in Venezuela with a B2 visa to have their I94 approved for 6 months?

Concern that she won’t be approved to stay given the nature of Venezuela at the moment

Hector E. Quiroga
Hector E. Quiroga answered on Feb 12, 2020

It wouldn’t hurt; however, the burden is on your friend to show that they will return to Venezuela and the end of their visit.

1 Answer | Asked in Trademark for Hawaii on
Q: I would like to trademark a term that has been previously abandoned by someone else - what's the process?

The trademark is marked as abandoned, I don't know the previous owner and do not see the term in use.

Robyn T. Williams
Robyn T. Williams answered on Feb 11, 2020

If you'd like to file an application for federal registration of a trademark that was previously registered by another, you should first have a comprehensive search conducted. If there are no problematic references located during the search, you will be able to file an application for registration... Read more »

1 Answer | Asked in Car Accidents for Hawaii on
Q: Suing a parking garage for damages to my car as a result of failure to maintain a traffic control device.

I was driving into the Hale Pauahi public parking garage on 155 N. Beretania St, Honolulu, and my car hit a triangular piece of metal that was installed as a traffic control device. The metal object was the exact same color as the wall and it had scratches and markings that made it practically... Read more »

Tim Akpinar
Tim Akpinar answered on Jan 29, 2020

You could possibly have a case. More information would be needed to make a more meaningful assessment. Keep in mind that as a general rule, claims involving public entities in many jurisdictions require compliance with notice of claim statutes. This means that in addition to a statute of... 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 Probate for Hawaii on
Q: Application from informal appointment of personal representative without will

Served today, dad passed 2012, wife put restraining order and wasn't able to pay for probate to fight for our dad's property back

Nina Whitehurst
Nina Whitehurst answered on Dec 21, 2019

Your post contains only statements of fact, no question capable of being answered. Please repost in the form of a question.

Please understand, however, that this forum is for questions of a general nature. If you need help with your individual facts and circumstances, usually a...
Read more »

1 Answer | Asked in Car Accidents for Hawaii on
Q: What reasons would warrant jail time for a hit and run?

I was driving without my license and hit a parked vehicle. No one was injured but both my vehicle and the other vehicle suffered damages. I did not stop and proceeded my house 3 blocks down to retrieve my wallet and wanted to calm down before I headed back to see the owners of the vehicle. After... Read more »

Peter N. Munsing
Peter N. Munsing answered on Dec 4, 2019

You can make a claim that while you technically left the scene you were in the viscinity getting your ID etc. If you left a note on the vehicle you could fight the ticket. Make sure your insurance covers it and a judge may let you off as you agree you did it, went to get your insurance... Read more »

2 Answers | Asked in Probate for Hawaii on
Q: power of attorney was given to me by my nephew who has since passed away. Does his death mean the POA is invalid?
Tammy Lyn Wincott
Tammy Lyn Wincott answered on Nov 25, 2019

A power of attorney usually dies with the person.

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1 Answer | Asked in Business Law for Hawaii on
Q: Hi I have basically recreated a picture of an elephant I saw on shutter stock for my business logo. Am I ok legally?
Tim Akpinar
Tim Akpinar answered on Nov 23, 2019

Try reposting in the Copyright and Trademark sections. This is something practitioners in those areas would know about. Good luck

Tim Akpinar

1 Answer | Asked in Car Accidents for Hawaii on
Q: I was hit by a van that wrecked my car. He was covered by Far mers Insurance. They refuse to help me because they can't

Contact their client. Can I sue Farmers for not fixing my car. They just ignore me

Tim Akpinar
Tim Akpinar answered on Nov 19, 2019

You could do that, or you might be able to go through your carrier in a first-party claim, depending on your policy. If your policy covers the loss, your carrier could then pursue damages through the other driver's policy (provided that liability is conceded by Farmers - which seems to be an open... 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 concluded... Read more »

Gary Kollin
Gary Kollin answered on Nov 14, 2019

glitch not cliche

1 Answer | Asked in Insurance Bad Faith and Insurance Defense for Hawaii on
Q: I have a vandalism claim on my vehicle of over $11,000 it has been almost 2 months and they keep stringing me along.

The vandalism was a gas contaminant of regular fuel in a diesel truck. the gas tank was nearly empty at time of occurrence and i have bank statements send the the insurance company of my gas purchases. Recently, they said they need the physical receipt to proceed with the claim, but since they did... Read more »

Tim Akpinar
Tim Akpinar answered on Nov 14, 2019

You've been without the vehicle now for two months. It could make sense to set up a consult with an attorney. If an attorney succeeds in getting past the issues you're currently having with the receipts and is able to make arrangements for an experienced property damage adjustor to investigate the... Read more »

1 Answer | Asked in Personal Injury, Real Estate Law and Landlord - Tenant for Hawaii on
Q: Stated in my lease, I can break without penalty if I find mold and I found black mold... how do I terminate

I also had requested a mold test which was denied and asked for mold remediation of the shower which took months. I’ve suffered now from sinus issues, allergies, esophagitis and had to pay to an ent out of pocket and am worried about all of the toxic spores we’ve now been exposed to. How do I... Read more »

Tim Akpinar
Tim Akpinar answered on Nov 10, 2019

In terms of the personal injury aspect of your question, you'll have to see if you could arrange a free initial consult with a Hawaii personal injury attorney who could review your records and what information is available on the mold. The problem with these types of cases is that establishing the... Read more »

1 Answer | Asked in Estate Planning, Real Estate Law and Tax Law for Hawaii on
Q: I inherited 50% of a property as tenant in common 6 years ago. I never lived there. Do I owe money to current occupant?

Sibling was executor of our mothers' estate and moved his family in immediately after she died. I never received a deed. I lived out of state with my husband at the time. There is no tenants agreement. Sibling unable to buy me out at that time. I did not ask for compensation for him and his family... Read more »

Nina Whitehurst
Nina Whitehurst answered on Nov 5, 2019

If you did not sign the note for the current debt, then you are not personally liable on it. If you did not sign the mortgage that secures the current debt, then your share of the property is not liable for the current debt either.

If your sibling insists that you pay for half of the...
Read more »

2 Answers | Asked in Car Accidents, Civil Litigation and Insurance Defense for Hawaii on
Q: Is the owner of a motor vehicle liable for damage caused by an insured driver of that vehicle?

Here the driver is insured under the policy and hits a pedestrian causing serious bodily injury in excess of the $20,000 uninsured motorist coverage. The owner of the vehicle was not present at the accident. The owner of the vehicle lent the vehicle to the driver and put the driver on the insurance... Read more »

Peter N. Munsing
Peter N. Munsing answered on Oct 22, 2019

I would argue that they are not, but their insurance is--in most states the owners insurance is primary.

But in most states for you to be personally responsible other things have to be shown.

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1 Answer | Asked in Uncategorized for Hawaii on
Q: My truck got towed from kewalo boat harbor in honolulu Hawaii. Theres no tow away signs posted anywhere. What can I do?

I'm having a hard time getting it back because of expired registration

Tim Akpinar
Tim Akpinar answered on Oct 8, 2019

You could get the best input from an attorney in Honolulu, but your question is open for a week and your truck could be incurring storage fees by the day in a municipal tow pound. And you already identified the issue as the vehicle registration. Concentrate efforts on that. In terms of the signage,... Read more »

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 Probate for Hawaii on
Q: How do I enforce a last will and testament
Nina Whitehurst
Nina Whitehurst answered on Sep 21, 2019

You petition the local court to probate the will. Once the court accepts it as the decedent’s last will and testament the executor appointee by the court administers the will and, if need be, enforced it with the power of the court.

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