Ask a Question

Get free answers to your legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Hawaii Questions & Answers
1 Answer | Asked in Criminal Law and Personal Injury for Hawaii on
Q: What can I do if someone harasses me through text messages?

I am a student here at BYU Hawaii, and have received a message ..I do not know how they got my number.

Lauren M. Sharon
Lauren M. Sharon
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

1 Answer | Asked in Criminal Law and Juvenile Law for Hawaii on
Q: Adopted daughter is 16 now. We got her at 14. Previously PTSD, child molestation, reactive attachment disorder issue.

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

Lauren M. Sharon
Lauren M. Sharon
answered on Jun 7, 2018

I would suggest having a full, thorough consultation with an attorney, as I am unclear as to the details.

2 Answers | Asked in Criminal Law for Hawaii on
Q: If I Recieve Messages From Someone Who Says He Will Kill Me if Im Around His Child Is That A Form Of Blackmail?

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?

Lauren M. Sharon
Lauren M. Sharon
answered on Jun 7, 2018

I think you need to clarify your question. I’m unsure what your asking.

View More Answers

1 Answer | Asked in Tax Law for Hawaii on
Q: I was curious what the statute of limitations are to collect back state income taxes in Hawaii are?

Do I need to file a return to start the clock because I was living in Hawaii in 2009-2010, and my employer didn't take out taxes( I was considered self employed) but that was almost 10 years ago so I was a dumb kid, and my employer didn't tell me I needed to ( I'm 33 now) anyways... View More

Eric  Day
Eric Day
answered on May 23, 2018

I am not a Hawaii based tax attorney but most states and the federal government don’t start the statute of limitations on collections or audits until you have actually filed a return or the government filed one for you. They may not have any record of you having income in some instances, but... View More

1 Answer | Asked in Immigration Law for Hawaii on
Q: My husband is getting an annulment in the process of my green card, I am already inside the us. what are my options?

I am from France and came in the us with a tourist visa in December 2016. I married an us citizen before my visa expired and started the green card process. Now My husband wants to separate and get an annulment. I am now waiting for my immigration interview. What are my options to stay here?

Carl Shusterman
Carl Shusterman
answered on May 8, 2018

Impossible to answer your question without knowing more about you. Schedule a legal consultation with an experienced immigration lawyer.

2 Answers | Asked in Immigration Law for Hawaii on
Q: What kind of visa will my friend need if he is planning to come here and do business?
Carl Shusterman
Carl Shusterman
answered on May 4, 2018

If he is from a country which has a treaty of commerce and navigation with the US, he may be eligible for an E-2 treaty investor visa.

E2 visa - Treaty Investors

Owner or Developer of the new enterprise from a treaty country that has 50% or more ownership in a substantial US...
View More

View More Answers

1 Answer | Asked in Immigration Law for Hawaii on
Q: Was out of status. Case dismissed, gr card based on marriage. Applying for citizenship. Need court docs w/application?

Application for citizenship requirement is to provide a court certified copy of the complete arrest record and disposition. Do I need to provide those documents if was in immigration proceedings? or it applies only for the courts other then immigration, like criminal and etc.

Carl Shusterman
Carl Shusterman
answered on Apr 27, 2018

Yes, you need to send a certified copy of your record of conviction along with your N-400 application for naturalization.

1 Answer | Asked in Immigration Law for Hawaii on
Q: I lost my Permanent Resident Card. Can i apply for US Citizenship without it or Do i need to replace it first? Thanks...
Carl Shusterman
Carl Shusterman
answered on Apr 27, 2018

You need to file a form I-90 to replace your green card before you apply for naturalization.

1 Answer | Asked in Immigration Law for Hawaii on
Q: I am naturalized US citizen. Can i bring my 10 y.o sister together with my parents at once? Thanks

I was wondering if my youngest sister can come to u.s the same time as my parents cause nobody will take care of her in Philippines. Thank you.

Carl Shusterman
Carl Shusterman
answered on Apr 20, 2018

Unfortunately not. You can easily sponsor your parents for green cards, but a sibling petition for someone born in the Philippines takes over 20 years. (I know that first hand since my wife is from Cebu.)

If your parents find an alternate way to immigrate to the US, their 10-year-old...
View More

1 Answer | Asked in Immigration Law for Hawaii on
Q: If our child is born in the US, will that help my husband and I get green cards through her citizenship?
Carl Shusterman
Carl Shusterman
answered on Apr 20, 2018

Only when she turns 21 years of age can she sponsor you and your husband for green cards.

To petition for your parents (mother or father) to live in the United States as green card holders, you must be a U.S. citizen and at least 21 years old. Green card holders (permanent residents) may...
View More

1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Hawaii on
Q: Not sure if I need to patent idea or not.

have an idea for an app that as far as I can search has not been created. I want to make sure I lock this idea in before it gets scooped by someone else, but I'm unsure of what I should do first.

Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on Apr 19, 2018

One step is to kick your search skills up a level with the tips in my slide set. http://bit.ly/Patent_Searching.

Next you may want to wade into Section 101 issues as some software ideas are no longer welcome at the Patent and Trademark Office. This may be getting deeper into the weeds than...
View More

1 Answer | Asked in Copyright for Hawaii on
Q: Helping a campaign manager and was told to get photos of the politician off the internet to post on social media. Legal?

When we post these photos, do we need to credit photos? Ask for permission? Does it fall under fair use? I'm worried we'd get into trouble if we started posting other people's photos of this politician for their campaign without photographer/owner's permission.

Benton R Patterson III
Benton R Patterson III
answered on Apr 19, 2018

What you are proposing is not legal. To publish photos taken by someone else, you would need to obtain permission from the person or business that owns the rights to those photos.

1 Answer | Asked in Admiralty / Maritime and Criminal Law for Hawaii on
Q: If a boat is legally anchored and hotel employees demand you leave and then force a boarding can you shoot them?

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

Gordon Charles Webb
PREMIUM
Gordon Charles Webb pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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.

1 Answer | Asked in Criminal Law for Hawaii on
Q: released from jail yesterday for a dirty ua on hope an they call my color to go ua again itcomes backdirty. Options?

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?

Mark Simonds
Mark Simonds
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

1 Answer | Asked in Criminal Law for Hawaii on
Q: if you have multiple charges for the same crime, how is the sentence handled

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?

Mark Simonds
Mark Simonds
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

1 Answer | Asked in Criminal Law and Identity Theft for Hawaii on
Q: What does a free standing order mean for restitution
Mark Simonds
Mark Simonds
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

1 Answer | Asked in Landlord - Tenant for Hawaii on
Q: Weve been living on a property for 25 years and just got evicted by new owners, we have 2 weeks left. Can i make a case

This land belongs to a hotel ruined in '92 hurricane and weve occupied the land since the last 25 years. New owners plan to restore it have served us eviction notice giving us 2 weeks 2 leave. Weve had verbal consent from previous owners over 20 yrs ago to utilize the land but have remained... View More

Linda Simmons Campbell
Linda Simmons Campbell
answered on Mar 4, 2018

You will need to speak to an attorney to see if you meet all of the elements of an adverse possession. This is not something that we can answer for you in this format.

1 Answer | Asked in Car Accidents and Personal Injury for Hawaii on
Q: Got into a bike accident where a car side swiped me on the sidewalk. 2 years since it happened and got carpal tunnel and

Damaged nerves. Worker is offering a settlement of $15,000. Does that sound right?

Peter N. Munsing
Peter N. Munsing
answered on Mar 2, 2018

You need a consult from an experienced attorney. John O'Neill in Maui gives free consults. Give him a call and tell him I suggested you call.

1 Answer | Asked in Car Accidents, Criminal Law and Small Claims for Hawaii on
Q: Hit a pedestrian with car. Police say it’s her fault. My car is wrecked. Can I take legal action for my car?

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

Peter N. Munsing
Peter N. Munsing
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?

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.