Hawaii Questions & Answers by Practice Area


Hawaii Questions & Answers

Q: Can an old roommate enter house without permission and collect belongings?

1 Answer | Asked in Landlord - Tenant for Hawaii on
Answered on Nov 13, 2017

Technically, she did pre-inform you of her visit and as you fell asleep did not bother to wake you up .... however, came in and took away her belongings only. Lesson is be vigilant next time and secure your entry....
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Q: If the landlord and I have a written agreement to keep rent the same and stay there forever. Can the police kick us out

1 Answer | Asked in Landlord - Tenant for Hawaii on
Answered on Nov 9, 2017

As your landlord has intention to violate his own agreement and want to evict you by police, which is not a possibility, then as a pre-preemption you move for a restraining order through Attorney of your local jurisdiction along with claims of physical and emotional sufferings and damages for moving out.
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Q: My son was driving my car and hit a empty parked car but left the scene. He was ticketed for leaving the scene

1 Answer | Asked in Car Accidents and Traffic Tickets for Hawaii on
Answered on Nov 3, 2017

The attorney can find out from the judge but it'll look way better if he comes back as the whole thing happened because he left. As they say the "optics" are bad if he can't be there. The attorney can try to rearrange the date or time so that it's first thing Monday or Last thing Friday or whatever day he can get off.
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Q: Can I be forced to join/remain a member of a union?

1 Answer | Asked in Employment Law for Hawaii on
Answered on Nov 1, 2017

You are free to refrain from their activities that may harm your career. However, you are advised to continue make payment towards union funds, if not automatically deducted out of payroll. Your denial otherwise may invite their vendetta.

To be on safe side, consult your supervisor and take him into confidence. If union is that strong and can screw the company they can screw you too to take revenge, therefore, handle it tactfully.
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Q: In Hawaii officers when asked several times for a copy of the search warrant , was never given one nor what was taken

1 Answer | Asked in Civil Litigation and Criminal Law for Hawaii on
Answered on Oct 15, 2017

Incomplete question cannot be answered correctly. As your son was involved in an alleged offence and police having warrants entered your premises for search and other investigation. They put a tape for public not to cross the scene and later three officers crossed the scene tape, etc. etc. You have witnessed their movement and likewise enteries would have made into their record too. It would be premature to suggest any legality or illegality on the part of investigators.
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Q: The manager for my gated community is treating me unfairly and hasn't given me any explanation or info .

1 Answer | Asked in Personal Injury, Communications Law, Landlord - Tenant and Real Estate Law for Hawaii on
Answered on Oct 13, 2017

Do you own or rented out apt.? How long are you living there? In either the case, you may have valid rights to enter and live in there. Please explain whether such a discriminatory treatment of gate-guard is at the behest or instruction of community manager or is behaving as his own? Your neighbors have witnessed that you are walking in from gate to inside which is quite a way up nor you are allowed to have visitors as and when they visited. You are being treated discriminatory and the...
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Q: What happens if you're an undocumented immigrant (parents brought you over as a child) and your country of origin

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

Hello,

The answer to your question depends in part on what country you are from and what year you arrived. It's very fact specific, and you'd need to provide more facts for a proper evaluation.

Best,

Clare Hanusz
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Q: I purchased a condo 4years ago, but did not receive a disclosure form. I now discover that my ceiling is covered with

1 Answer | Asked in Real Estate Law for Hawaii on
Answered on Jul 14, 2017

Since the vast majority of houses built before the mid 1980s have asbestos somewhere in their structure, the seller is not required by law to priorly disclose the presence of this toxic agent. Another reason why asbestos disclosure was not deemed necessary by the State of Hawaii pertains to the relatively low risk of domestic exposure. Asbestos represents a health hazard only when fibers become airborne. Within most building materials, asbestos fibers are tightly bound and therefore cannot come...
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Q: Why has district nine courts allowed victims of radiation exposure to seek relief of the Fukushima exposure??

1 Answer | Asked in Personal Injury for Hawaii on
Answered on Jun 26, 2017

You should direct that question to a toxic torts attorney. Generally, you can only sue in the united states for a wrong committed in the united states. In toxics cases,the wrong is considered to be the release in most cases. International law and it's effects are an entirely separate issue. You would also have to show your dosage, and that it and nothing else caused your harm.
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Q: can I sue the driver who got arrested with a dui and a hit and run

1 Answer | Asked in DUI / DWI and Car Accidents for Hawaii on
Answered on Jun 24, 2017

If you were injured contact a member of the Hawaii Trial Lawyers Association--they give free consults. Attorney Richard Kawana in Honolulu (on Maui ask for John O'Neill ) may be able to help you if you were injured--you can give him my name.

If you weren't hurt and you want replacement value for your car, you are out of luck. The total loss is the book value of your car plus any additional equipment you had. Unless you had replacement value insurance you don't get that. But talk to Rich...
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Q: A person accused me of stealing computer they left in the bathroom. My friends said she was coked out. Can i sue her?

1 Answer | Asked in Civil Litigation, Personal Injury and Libel & Slander for Hawaii on
Answered on Jun 20, 2017

You can sue, but if they have no money, then you'll spend a lot to end up with a piece of paper that's worthless.

Suggest you look for a different place to hang out.
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Q: I currently live in California. My husband filed for divorce in HI. Do I need to go to hi

1 Answer | Asked in Divorce for Hawaii on
Answered on Jun 19, 2017

You would only need to go to Hawaii if there's a hearing scheduled. Contact the court house and find out what types of remote filing options they have - i.e. fax filing, efiling, etc. If you end up hiring an attorney, your attorney should be in Hawaii and licensed to practice there.
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Q: If you share someone's number so other people can harass that person, can you be convicted of harassment?

1 Answer | Asked in Personal Injury and Internet Law for Hawaii on
Answered on Jun 12, 2017

She could definitely be charged as she had the intent that he be harassed. She made a threat then carried it out.

Why is she invested in someone who emotionally stood her up? Doing well is the best revenge; getting into a grudge match can get her charged, wastes emotional energy, and tells him he reaslly got to her.
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Q: whats the fastest and easiest way to get out my house?

1 Answer | Asked in Family Law, Adoption, Child Custody and Juvenile Law for Hawaii on
Answered on Jun 11, 2017

You cannot do that without their knowledge, consent or permission. Family services and the court system will not help with mental abuse.
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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.

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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