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answered on Feb 25, 2019
Without knowing the particulars of your case, the answer is generally yes
Should I settle on degree assault? I was in a choke hold(100lbs) by a 300lb sheriff ..was trying to breath..said I kicked him and being charged w/ 1st degree assault
answered on Sep 30, 2018
There is no way an internet attorney could advise you based on those limited facts.
I am a student here at BYU Hawaii, and have received a message ..I do not know how they got my number.
answered on Jun 7, 2018
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,... View More 
Daughter now claims I sexually molested her. She is currently in the Philippines for a year. What is the civil and criminal statute of limitations in Hawaii to bring this false accusation on me? I looked it up. Could I be charged with 1st degree sexual assault, a Class A felony? I am contemplating... View More
answered on Jun 7, 2018
I would suggest having a full, thorough consultation with an attorney, as I am unclear as to the details.
He Doesn't Have Custody Of The Child But I Come By To Visit The Mother Of The Kid, and He Feels As If Im Taking The Kid Away. He Started Sending Threats And Talking About My Family. Is That Black Mailing?
answered on Jun 7, 2018
I think you need to clarify your question. I’m unsure what your asking.
In Hawaii, coastal ocean waters and beaches are owned by the state. If a boat is legally anchored in a state owned harbor off the coast of a popular beach that has a major hotel nearby, and hotel employees come down to the waters edge on the beach and try to scare you away with a megaphone, then... View More
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answered on Apr 2, 2018
No!! Do yourself a favor and call the police, harbor patrol and coast guard before resorting to unreasonable force to protect personal property.
On hope probation created by judge alms. Went in for a dirty ua that I admitted to did my 4 days in jail got out an they called my color again an my ua again came back dirty should I contest the ua on grounds of not enough time for the drug to detox through my system?
answered on Mar 24, 2018
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... View More
say you have 20 charges of money laundering and the sentence is 5 years, are you serving five years or do you receive 100-year sentence?
answered on Mar 22, 2018
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... View More
answered on Mar 21, 2018
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... View More
This happened in Hawaii. A pedestrian was under the influence of drugs and walking in the middle of the highway at night. I hit her with my car. The police report states that I am not at fault. She was injured and taken to the hospital. My insurance will pay her medical, because that’s what’s... View More
answered on Dec 26, 2017
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?
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... View More
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,... View More
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... View More
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.
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?
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... View More
HRS 831-3.1
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... View More
And my dad still have living siblings. Also I would like to open a case for my dad. Need your help.
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.
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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... View More
I am accused of being in a public park after closing hours and having alcohol there.
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
Is there any legal action I can take? Any advice?
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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