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.
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.
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).
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...
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?
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.
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.
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...
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.
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...
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