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Hawaii Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Hawaii on
Q: Can a defendant have a public defender and a private attorney on record at the same time after sentencing?

Defendant was sentenced to consecutive terms on 3 counts, (5 years, 5 years and 1 year). Motion to Reconsider denied. Public Defender was unresponsive for more than 2 years, family retained private counsel. Both defense counsel's filed "Stipulations,15 days apart. Information provided... Read more »

Barry Lloyd Sooalo
Barry Lloyd Sooalo 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,... Read more »

1 Answer | Asked in Criminal Law for Hawaii on
Q: Can someone that is pretrial in Hawaii for Terroristic Threatening get out on conditional release or Rel on Recog?

Defendant allowed a young homeless couple to stay in her home. The couple ended up being bad news. As the defendant was asking them to leave multiple times they refused. The couple then called the police stating that the defendant female 155lbs 5'5 threatened them. A male 5'10 200+ lbs... Read more »

Barry Lloyd Sooalo
Barry Lloyd Sooalo 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.

1 Answer | Asked in Criminal Law for Hawaii on
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?

Can a dagp be used to keep out of doing prison time and only probation in drug convictions?

What can be done to avoid a possible open 10 year sentence for drug charges?

Barry Lloyd Sooalo
Barry Lloyd Sooalo 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... Read more »

1 Answer | Asked in Criminal Law for Hawaii on
Q: status of 20 yr.old charge terroristic threatening?can i change the wording of charge to regain access on navy base

HRS 831-3.1

Barry Lloyd Sooalo
Barry Lloyd Sooalo 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... Read more »

1 Answer | Asked in Criminal Law, Family Law, Real Estate Law and Probate for Hawaii on
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

And my dad still have living siblings. Also I would like to open a case for my dad. Need your help.

Richard Samuel Price
Richard Samuel Price answered on Jan 13, 2017

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.

1 Answer | Asked in Criminal Law for Hawaii on
Q: I have heard that if I am pulled over for a suspected DWI I can refuse a breathalyzer test. Is this true?
Stephen Bilkis
Stephen Bilkis answered on Jun 11, 2016

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...
Read more »

1 Answer | Asked in Criminal Law for Hawaii on
Q: Do I need a lawyer for a petty misdemeanor, and if found guilty, will I have a criminal record?

I am accused of being in a public park after closing hours and having alcohol there.

Robert Jason De Groot
Robert Jason De Groot answered on Nov 1, 2015

Yes, and yes.

1 Answer | Asked in Criminal Law for Hawaii on
Q: How much jail time would you get for assault in the first degrees in Hawaii
Robert Jason De Groot
Robert Jason De Groot answered on Oct 29, 2015

An intenet search for punishment for crimes in Hawaii, can get some basic information: http://www.criminaldefenselawyer.com/topics/hawaii-crimes-laws-penalties

2 Answers | Asked in Criminal Law for Hawaii on
Q: In Hawaii, is it illegal for my neighbor to videotape or photograph me or others on my property?

Is there any legal action I can take? Any advice?

Robert Jason De Groot
Robert Jason De Groot answered on Sep 19, 2015

This forum does not have many attorneys who answer questions in your state. Go see a local one.

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1 Answer | Asked in Criminal Law for Hawaii on
Q: Is it TRUE that in Hawaii, there is a law that requires citizens to own and maintain a boat or face fines?
Robert Jason De Groot
Robert Jason De Groot answered on Sep 11, 2015

Ask the people in government about this, probably code enforcement.

1 Answer | Asked in Criminal Law for Hawaii on
Q: Is it against the law to take photographs of a minor in a public space without consent
Robert Jason De Groot
Robert Jason De Groot answered on Aug 26, 2015

Probably not.

1 Answer | Asked in Criminal Law for Hawaii on
Q: What does stipulation for protective order re discovery to help rule 16 (e) (4) mean?
Robert Jason De Groot
Robert Jason De Groot answered on Aug 25, 2015

Do you really expect an answer to this without providing all of the facts? A stipulation is an agreement between parties in a lawsuit. It appears that the parties have agreed to a protective order, concerning discovery. Look up the rule.

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