Hawaii Criminal Law Questions & Answers

Q: Wrongful foreclosure.excessive force by sheriff's. Should I take a plea?

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Hawaii on
Answered on Sep 30, 2018
Gary Kollin's answer
There is no way an internet attorney could advise you based on those limited facts.

Q: What can I do if someone harasses me through text messages?

1 Answer | Asked in Criminal Law and Personal Injury for Hawaii on
Answered on Jun 7, 2018
Lauren M. Sharon's answer
Depending on what was said and your relationship with the person, you might want to make a police report so that incident can be documented and the police can explore the possibility of pressing charges. If it continues, or if you feel that your safety and property if threatened by the messages, you might want to consider consulting an attorney about the possibility of a restraining order.

Q: Adopted daughter is 16 now. We got her at 14. Previously PTSD, child molestation, reactive attachment disorder issue.

1 Answer | Asked in Criminal Law and Juvenile Law for Hawaii on
Answered on Jun 7, 2018
Lauren M. Sharon's answer
I would suggest having a full, thorough consultation with an attorney, as I am unclear as to the details.

Q: If I Recieve Messages From Someone Who Says He Will Kill Me if Im Around His Child Is That A Form Of Blackmail?

2 Answers | Asked in Criminal Law for Hawaii on
Answered on Jun 7, 2018
Lauren M. Sharon's answer
I think you need to clarify your question. I’m unsure what your asking.

Q: If a boat is legally anchored and hotel employees demand you leave and then force a boarding can you shoot them?

1 Answer | Asked in Admiralty / Maritime and Criminal Law for Hawaii on
Answered on Apr 2, 2018
Gordon Charles Webb's answer
No!! Do yourself a favor and call the police, harbor patrol and coast guard before resorting to unreasonable force to protect personal property.

Q: released from jail yesterday for a dirty ua on hope an they call my color to go ua again itcomes backdirty. Options?

1 Answer | Asked in Criminal Law for Hawaii on
Answered on Mar 24, 2018
Mark Simonds' answer
It depends. If your use was marijuana, the active chemical compound (tetrahydrocannabinol, otherwise referred to as THC) can take up to 30 days to completely leave the body. Other drugs can metabolize much quicker. I’m a lawyer, not a chemist, so you may wish to conduct some research on the internet and consult with your attorney how best to proceed. I wish you the best of luck, and hope you can break your addiction.

Q: if you have multiple charges for the same crime, how is the sentence handled

1 Answer | Asked in Criminal Law for Hawaii on
Answered on Mar 22, 2018
Mark Simonds' answer
It depends. Prison sentences can run consecutively, which means they may be ordered at sentencing to run one after the other (your “100 year” scenario) or concurrently, which means they all run together (your “5 year” scenario).

If a sentence of probation is ordered, it is only one term for all counts (typically 4 years for most felonies in the State of Hawai’i). In other words, you cannot be placed on consecutive terms of probation (in Hawai’i, at least).

Q: What does a free standing order mean for restitution

1 Answer | Asked in Criminal Law and Identity Theft for Hawaii on
Answered on Mar 21, 2018
Mark Simonds' answer
A free-standing order of restitution is an order for restitution which can stand on its own, apart from the criminal case it is connected to. What this means is that the person to whom restitution is owed (the “victim” of the crime) may enforce this order against the defendant in the same way a civil judgment may be enforced. In other words, if a defendant is subject to a free-standing order of restitution has income, that income can be garnished, should the victim wish to pursue...

Q: Hit a pedestrian with car. Police say it’s her fault. My car is wrecked. Can I take legal action for my car?

1 Answer | Asked in Car Accidents, Criminal Law and Small Claims for Hawaii on
Answered on Dec 26, 2017
Peter Munsing's answer
You can only go after her for the value of the vehicle. Presumably that was the collision that paid off the loan. If she had insurance that's all you can go after her for. Realistically, if she was on drugs in the middle of the road, do you think she will have money to pay for any judgment you get?

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
Barry Lloyd Sooalo's answer
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
Barry Lloyd Sooalo's answer
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.

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
Barry Lloyd Sooalo's answer
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...

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
Barry Lloyd Sooalo's answer
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.

Q: My dad pass away 2 years ago in his house in Hawaii with my stepmother. The house is already paid off. They have a will

1 Answer | Asked in Criminal Law, Family Law, Real Estate Law and Probate for Hawaii on
Answered on Jan 13, 2017
Richard Samuel Price's answer
If your dad lived in Hawaii when he passed, then a probate action would be brought in Hawaii. You may want to repost your question under Hawaii.

Q: I have heard that if I am pulled over for a suspected DWI I can refuse a breathalyzer test. Is this true?

1 Answer | Asked in Criminal Law for Hawaii on
Answered on Jun 11, 2016
Stephen Bilkis' answer
You do have a right to refuse a breathalyzer test, but the question is whether it is worth your while. By refusing the test, you can wind up being charged with your refusal (even if you are found not guilty for the DWI).

This is because when you obtained your license, you automatically agreed to take a sobriety test if it ever became necessary (by implied consent).

Failure to provide a test will cause the DMV to automatically suspend your license. The length of time will vary...

Q: How much jail time would you get for assault in the first degrees in Hawaii

1 Answer | Asked in Criminal Law for Hawaii on
Answered on Oct 29, 2015
Robert Jason De Groot's answer
An intenet search for punishment for crimes in Hawaii, can get some basic information: http://www.criminaldefenselawyer.com/topics/hawaii-crimes-laws-penalties

Q: In Hawaii, is it illegal for my neighbor to videotape or photograph me or others on my property?

2 Answers | Asked in Criminal Law for Hawaii on
Answered on Sep 19, 2015
Robert Jason De Groot's answer
This forum does not have many attorneys who answer questions in your state. Go see a local one.

Q: Is it TRUE that in Hawaii, there is a law that requires citizens to own and maintain a boat or face fines?

1 Answer | Asked in Criminal Law for Hawaii on
Answered on Sep 11, 2015
Robert Jason De Groot's answer
Ask the people in government about this, probably code enforcement.

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