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Hawaii Questions & Answers
1 Answer | Asked in Criminal Law for Hawaii on
Q: I was arrested and charged with UCPV bail set$12,000 I didn’t steal vehicle it was given to me as a gift by a friend

How can I get charges dismissed

Mark Simonds
Mark Simonds
answered on Sep 24, 2023

There are situations in life where an attorney is not a luxury, but a necessity. This is one of those times as Unauthorized Control of a Propelled Vehicle in Hawaii is a serious felony. Based on your question you may have a potential defense (Lack of intent) that may be worthwhile to discuss with... View More

1 Answer | Asked in Real Estate Law for Hawaii on
Q: Can an HOA in Hawaii pass new CCR’s to prevent the subdivision of land that was allowed by the county.

Existing 7 lot subdivision with 4 lots built on. The original developer kept on large lot planning to subdivide in phase II. Newly created lots would be similar size about 5 acres. HOA recently added a new CCR stating no lot could be subdivided.

T. Augustus Claus
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answered on Aug 24, 2023

In Hawaii, homeowners associations (HOAs) generally have the authority to establish and enforce certain rules and restrictions through their covenants, conditions, and restrictions (CCRs). However, whether an HOA can pass new CCRs to prevent the subdivision of land that was previously allowed by... View More

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Hawaii on
Q: Can my husband with out my permission use video recordings of me acting out after he provoked me into getting fired up
T. Augustus Claus
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answered on Aug 16, 2023

In Hawaii, as in many states, the use of video recordings without consent can be a complex legal issue. While laws can vary, generally speaking, recording someone without their consent in situations where they have a reasonable expectation of privacy may raise legal concerns.

1 Answer | Asked in Trademark and Intellectual Property for Hawaii on
Q: is splash bag trademarked?
James L. Arrasmith
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answered on Aug 6, 2023

To determine if "Splash Bag" is trademarked, you should conduct a thorough search of the United States Patent and Trademark Office (USPTO) database or other relevant sources to check for existing registrations or pending applications for the term "Splash Bag." This search will... View More

2 Answers | Asked in Traffic Tickets for Hawaii on
Q: Should I say YES or NO to the traffic violations on my oath ceremony?

Q: “Since your interview, have you been arrested, cited, charged, indicted, convicted, fined, or imprisoned for breaking or violating any law or ordinance, including traffic violations?”

I got cited couple months ago for having expired insurance, but when I attended the court date they... View More

Maurice Mandel II
Maurice Mandel II
answered on Jul 9, 2023

What Oath Ceremony? Citizenship? Police force? Usually traffic citations are not considered crimes that you have to report on taking an oath regarding pending criminal actions. Usually they are infractions, unless it is a DUI or a misdemeanor. I really cannot say without knowing what kind of... View More

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2 Answers | Asked in Traffic Tickets for Hawaii on
Q: Should I say YES or NO to the traffic violations on my oath ceremony?

Q: “Since your interview, have you been arrested, cited, charged, indicted, convicted, fined, or imprisoned for breaking or violating any law or ordinance, including traffic violations?”

I got cited couple months ago for having expired insurance, but when I attended the court date they... View More

Maurice Mandel II
Maurice Mandel II
answered on Jul 10, 2023

Supplemental response: if the question is: "Q: “Since your interview, have you been arrested, cited, charged, indicted, convicted, fined, or imprisoned for breaking or violating any law or ordinance, including traffic violations?” you should answer truthfully. You have been cited, if it... View More

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1 Answer | Asked in Domestic Violence, Internet Law and Libel & Slander for Hawaii on
Q: My ex's brother is clinically insane, obsessed with me (cause he finds me a threat) and threatens to ruin my life by con

My ex's brother is clinically insane, obsessed with me (cause he finds me a threat) and threatens to ruin my life by contacting my work, landlord, other ex's, etc.

The most recent incident resulted in the brother being flown back to the mainland with his parents.

I live... View More

Todd B. Kotler
Todd B. Kotler
answered on Jul 5, 2023

Note that I am not an Hawaii attorney. Based on your narrative, it sounds like you likely have grounds for a protection order (assuming HI has anti-stalking protection orders). However, barring your stalker from an island is going to depend on facts that you have not shared. In Ohio, for... View More

1 Answer | Asked in Family Law and Child Custody for Hawaii on
Q: If I have split custody of my Son and don’t want him receiving vaccines how does that work in Hawaii

Me and mother disagree on vaccines and share legal custody 50/50. She has full physical custody.

John Michael Frick
John Michael Frick
answered on Jun 16, 2023

You theoretically can ask the court that issued your custody order to give you the exclusive right to make the decision about vaccinations, or all non-emergency medical decisions, for your child.

But you will need to produce some pretty compelling medical evidence that your child has some...
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1 Answer | Asked in Domestic Violence, Divorce and Family Law for Hawaii on
Q: Can a person live just outside the protective area of a Tro from the filers home address?

My soon to be Ex wife assaulted me, was arrested. I placed a Tro against her. She moved into her friends house just 20 yards past the 100 yards no go zone for my home. I can’t drive out of the neighborhood or take my kids to park with being forced into the 100 yard zone. And she has been... View More

Todd B. Kotler
Todd B. Kotler
answered on May 14, 2023

I do not practice law in Hawaii so i can only speak to general principles of law. Typically restraining orders limit the activities of the respondent or person who is being restrained by the order. It sounds like you are person being protected by the order (often called a petitioner). Does the... View More

1 Answer | Asked in Real Estate Law for Hawaii on
Q: I have lived on land in Hawaii for 26 years without a hitch. How do I prove it? To whom shall I file my proof?
John Michael Frick
John Michael Frick
answered on May 3, 2023

File a lawsuit to quiet title by adverse possession against the person with legal title based on what is recorded and against anyone else claiming an interest or lien to the property.

Give your attorney documents, photographs, and the names of witnesses that can show you have in fact been...
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1 Answer | Asked in Employment Law, Civil Rights and Military Law for Hawaii on
Q: Army EO complaint

An EO complaint was brought against me. The IO found that I committed unlawful discrimination, however, the independent SJA review found that it was legally insufficient. What should I expect will happen next?

I am an active duty O-3 in the Army.

James L. Arrasmith
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answered on May 2, 2023

As an active duty O-3 in the Army, you may expect further review of the EO complaint by your chain of command. The SJA review found the complaint legally insufficient, so it is possible that the complaint may be dismissed. However, it is ultimately up to your chain of command to make a... View More

1 Answer | Asked in Social Security and Public Benefits for Hawaii on
Q: I’m not sure if my first question was saved. Just registered. I am 67 years, 11 months old. widowed since 6/2019.

I didn’t know that I was eligible to receive my deceased husband’s benefits. I applied yesterday. SSA said they would pay retroactively 6 months (from October 22). Am I eligible to receive ALL the benefits from when I was first eligible, at age 66 years and 2 months? Thank you!

James L. Arrasmith
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answered on May 2, 2023

Yes, as a widow, you may be eligible to receive your deceased husband's Social Security benefits. Generally, you can receive survivor benefits as early as age 60 (or age 50 if you are disabled) and continue to receive them for the rest of your life.

If you filed for survivor benefits...
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1 Answer | Asked in Criminal Law for Hawaii on
Q: Oh and I nearly forgot when they took me to the holding cell .I was repeatly asking to talk to my lawyer

They just kept ignoring me I felt like they were not honoring my rights so when they questioned me I just answered making up wat ever because I felt they were not respecting my rights

Mark Simonds
Mark Simonds
answered on Apr 3, 2023

When someone is in police custody, and subjected to interrogation, all questioning must cease if the person detained requests a lawyer. Also, if the person detained asserts their right to remain silent, police must cease questioning, however, my resume questioning at a later time. Please talk to... View More

1 Answer | Asked in Workers' Compensation for Hawaii on
Q: I have a federal case with Safeway and I need help. How do I find an attorney for a federal case?

I was working for a company other than Safeway. When I fell in a Safeway while their store was under construction, I need help. There were many people involved in this case so I’m not sure what attorneys can help me due to conflict of interest.,, and due to my head injury I have a had a hard time... View More

John Michael Frick
John Michael Frick
answered on Apr 2, 2023

First, you need a workers compensation attorney to address your claim against your employer for your on-the-job injury. This will be how you get compensation for any missed work and get your medical bills paid.

Second, you need a Hawaii lawyer who is admitted to the Oahu federal district...
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1 Answer | Asked in Copyright and Intellectual Property for Hawaii on
Q: Am I allowed to reference a worksheet in a screenplay?

The worksheet came from a book. The copyright page states: “Purchasers of this book have permission to copy worksheets and boxes, where indicated by footnotes, for personal use or use with individual clients. These worksheets and boxes may be copied from the book or accessed directly from the... View More

James L. Arrasmith
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answered on Mar 29, 2023

The copyright page of the book that contains the worksheet in question states that purchasers of the book have permission to copy the worksheet for personal use or use with individual clients, but may not distribute it on intranet or internet sites, or make it available for resale. However, it is... View More

1 Answer | Asked in Contracts for Hawaii on
Q: Can I get help to get out of a contract? I have had a horrible experience with a solar panel company.

Firstly, the person who sold me them lied about what my electric bill would be. Secondly, they installed the system backwards, that made my electric bill triple it took them a year and a half to figure this out. Lastly, where they put the solar panels, I had terrible mold on my ceiling. They told... View More

Jacob Rheaume
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answered on Mar 18, 2023

Hi Judy,

I'm terribly sorry this is happening to you. Without being able to review the contract, the advise that I (or anyone else) will be able to give you is limited.

That said, from what you say, I think you (most likely) have a very strong case arising under common law,...
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2 Answers | Asked in Copyright, Intellectual Property and Trademark for Hawaii on
Q: Can I start a podcast with the same name as a documentary film from several years ago? Not quite same focus (see details

I want to start a podcast called gun stories (pretty generic name.). When I do a trademark search, there's a documentary called gun stories. Our podcast is interviewing people about their stories about guns. The documentary was about the history of guns.

Matthew Nuzum
Matthew Nuzum
answered on Mar 15, 2023

Yes, you can, but if your podcast is deemed confusingly similar to the prior uses then you may be approached to change the name or reduce the chance of confusion. And, by the way, doing a trademark search is not the best way to see if there's a conflicting usage of the name. The purpose of a... View More

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2 Answers | Asked in Copyright, Intellectual Property and Trademark for Hawaii on
Q: Can I start a podcast with the same name as a documentary film from several years ago? Not quite same focus (see details

I want to start a podcast called gun stories (pretty generic name.). When I do a trademark search, there's a documentary called gun stories. Our podcast is interviewing people about their stories about guns. The documentary was about the history of guns.

James L. Arrasmith
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answered on Mar 29, 2023

It is possible to start a podcast with the same name as a documentary film from several years ago, but it may be risky due to potential trademark issues. The documentary may have a trademark for the name "Gun Stories" in relation to entertainment or documentary services. If you use the... View More

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1 Answer | Asked in Consumer Law for Hawaii on
Q: Can I sue a store for non delivery of product with a POS receipt that is not a registered business in Hawaii?

After seeing and agreeing to put a deposit on a product at a store in Maui, I was asked to sign a shipping & purchase document, as they were just the licenced distributer of the product and the manufacturer would be shipping my product upon full payment. I remember reading I would have 14 days... View More

James L. Arrasmith
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answered on Mar 2, 2023

If you believe that you have been a victim of a scam or fraud, you may want to consider contacting an attorney who specializes in consumer protection or fraud cases. They can advise you on your legal options and help you determine whether you have a viable claim for damages.

In general,...
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1 Answer | Asked in Civil Rights, Personal Injury and Workers' Compensation for Hawaii on
Q: Toxic work place suffered a psychological injury.Is a psychological injury a disability?
Tim Akpinar
Tim Akpinar
answered on Jan 4, 2023

A Hawaii attorney could advise best, but your question remains open for three weeks. At this point, you could reach out to workers' comp and disability attorneys in Hawaii to try to set up free initial consults to discuss. You could search attorneys on your own, and there's a tab above,... View More

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