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1 Answer | Asked in Criminal Law and Family Law for Hawaii on
Q: What are your rights as a parent when your child is facing criminal offense investigation? - Besides having an attorney
T. Augustus Claus
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answered on Jan 26, 2024

When a child faces a criminal offense investigation in Hawaii, parents have rights and responsibilities beyond securing legal representation. Parents should stay informed about the charges, legal proceedings, and potential consequences, with the child's attorney serving as a crucial source of... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Small Claims and Civil Litigation for Hawaii on
Q: I was apart of this class action lawsuit and did everything asked yet never received any settlement or even a response

I'm wondering what I should do because I honestly feel let down once again basically by the DOE who really didn't give me the education I deserved or could have gotten and now the state of Hawaii although technically we won, it feels like I'm yet again getting a high school... View More

James L. Arrasmith
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answered on Jan 18, 2024

In a situation where you were part of a class action lawsuit and have not received any settlement or response, your first step should be to contact the law firm that represented the class in the lawsuit. Ensure that they have your current contact information and inquire about the status of the... View More

1 Answer | Asked in Estate Planning for Hawaii on
Q: My sibling is living in a house that is part of my parents trust. There are several beneficiaries. Can I remove him?

As a trustee, I need to distribute the property equally. He is one of the beneficiaries but he unable to buy out the others' share of the property. As a trustee, can I evict him to be able to sell the property and equally distribute the proceeds to each of the beneficiaries? He used to pay... View More

James L. Arrasmith
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answered on Jan 8, 2024

As a trustee, your primary obligation is to manage the trust's assets in the best interest of all beneficiaries, following the terms of the trust. If the trust's goal is to distribute the property equally and your sibling, a beneficiary, is living in the house without contributing to its... View More

1 Answer | Asked in Personal Injury, Animal / Dog Law, Civil Rights and Constitutional Law for Hawaii on
Q: If the Attorney General turns a blind eye to serious issues among multiple non profits serving homeless what can I do?
James L. Arrasmith
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answered on Dec 17, 2023

If you're concerned that the Attorney General is not addressing issues with nonprofits serving the homeless, there are several steps you can take. First, document your concerns clearly and comprehensively. This should include specific instances of the issues you've observed, along with... View More

1 Answer | Asked in Criminal Law, Civil Rights, Federal Crimes and Identity Theft for Hawaii on
Q: My x-husbands wife has been writing crazy sounding msgs to my parent’s & others as me, by way of spoofing my number.

For the past 13+ years my x-husbands wife has been spoofing my phone number & writing crazy sounding messages, as me, to my parents, bosses, landlords & posed as me when she called my bank to obtain checks to my equity line which she proceeded to steal $171,000.00 for herself by giving my... View More

James L. Arrasmith
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answered on Dec 5, 2023

Your situation involving identity theft and spoofing by your ex-husband's wife is both serious and legally complex. The first step is to gather as much evidence as possible. This includes phone records, messages sent, and any other documentation that can help establish a pattern of behavior.... View More

1 Answer | Asked in Criminal Law, Federal Crimes, Identity Theft and White Collar Crime for Hawaii on
Q: I was questioned by detectives in custody checked didn't want to discuss the case I wanted lawyer, was that a statement?

2 times in one day in custody detectives came and first one I told I never got my miranda rights read to me. she pulled out a paper with 3 check boxes 1. want to discuss the case I (*checked NO). 2 I don't remember but checked no. 3 was I want a lawyer(*checked YES) then initial she told me... View More

Mark Simonds
Mark Simonds
answered on Nov 28, 2023

What you did was assert your rights under the United States Constitution and the Hawaii State Constitution. Assertion of your rights does not constitute a statement, and, in a trial, that assertion cannot be used against you as evidence of guilt.

Typically, if you are advised of your...
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2 Answers | Asked in Business Formation, Business Law, Intellectual Property and Trademark for Hawaii on
Q: I need to get my trademark registered back in my name ASAP
James L. Arrasmith
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answered on Dec 4, 2023

To regain a trademark that was previously in your name, the first step is to understand how and why the trademark is no longer under your ownership. If the trademark was inadvertently abandoned or transferred to someone else, the specific circumstances will dictate the course of action.

If...
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2 Answers | Asked in Bankruptcy for Hawaii on
Q: When should an individual file for bankruptcy?

I have unpaid debts and owe money to my former landlord from my business which lost a lot of money during COVID and never recovered.

James L. Arrasmith
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answered on Nov 15, 2023

Filing for bankruptcy is a significant decision that depends on various factors. If your debts are overwhelming and you can't foresee a way to pay them off, bankruptcy might be a viable option. It can offer relief from debt collectors and provide a fresh start. However, it's important to... View More

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1 Answer | Asked in Contracts and Business Law for Hawaii on
Q: CAN I JUST FIND A KIND OF COURT CASE , RATHER THAN GIVING PARTY NAME AND JUDGE? I NEED TO FIND CASE LAW ON A SUBJECT.
Tim Akpinar
Tim Akpinar
answered on Oct 31, 2024

A Hawaii attorney could advise best, but your question remains open for a week. It isn't fully clear what your setting is, whether you are a litigant in court, a student conducting legal research for educational purposes for a school assignment, or you're simply trying to resolve an... View More

1 Answer | Asked in Copyright and Trademark for Hawaii on
Q: If a frame made of acrylic to hold a single comic had MARVEL as part of the frame - would that constitute infringement?
James L. Arrasmith
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answered on Oct 11, 2024

Using "MARVEL" as part of your acrylic frame could potentially infringe on trademark rights. MARVEL is a well-known brand, and its name is legally protected to prevent unauthorized use that might cause confusion or imply endorsement.

If the frame is sold or distributed,...
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1 Answer | Asked in Uncategorized for Hawaii on
Q: How retrieve money and items from someone in the military who wont respond to requests

I recently ended a relationship with someone in the military and the man owes me about $700 and has my belongings. He paid me a small portion of the loan, about $400 of the original $1000 I loaned. He not has stopped responding to communication and will not contact me about getting my items back,... View More

James L. Arrasmith
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answered on Sep 25, 2024

It sounds like you're in a frustrating situation, and it's important to take steps to protect yourself and retrieve what’s owed to you. Start by documenting everything—the amount loaned, any payments made, and the value of your belongings still with him. This documentation can be... View More

1 Answer | Asked in Copyright and Intellectual Property for Hawaii on
Q: If a motion picture has joint copyright owners, can one owner unilaterally create derivatives?

without the permission from the other owner? meaning extract individual clips from the motion picture and create new content?

James L. Arrasmith
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answered on Sep 21, 2024

If a motion picture has joint copyright owners, one owner generally cannot create derivative works, like extracting clips or producing new content, without the consent of the other owner(s). Copyright law treats joint ownership as requiring agreement from all co-owners for significant changes or... View More

1 Answer | Asked in Election Law, Gov & Administrative Law, Government Contracts and Public Benefits for Hawaii on
Q: What happens to me when I get kicked out from a program?
Tim Akpinar
Tim Akpinar
answered on Sep 20, 2024

A Hawaii attorney could advise best, but your question remains open for a month. It could depend on the program, their rules, applicable laws, and the conduct and circumstances that led to expulsion from the program. Good luck

1 Answer | Asked in Uncategorized for Hawaii on
Q: I was overcharged for vehicle by $6k when I was duped into believing that msrp was actually that much more than actual.

Is there any thing I can do? Seems to be fraudulent

James L. Arrasmith
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answered on Sep 19, 2024

You may have legal options if you were overcharged based on misleading information. Start by reviewing all the paperwork from the purchase, especially the buyer's order, financing terms, and any documents that show the vehicle's price or MSRP. Compare the price you paid to the actual MSRP... View More

1 Answer | Asked in Civil Rights for Hawaii on
Q: Hello i have a question, the other day police arrested my friend for disorderly conduct while he was just trying to walk

away. 5 of them jumped him started beating him even tho he didnt do anything to them. I started filming it and one police officer told me and his sister to move so we did, couple seconds later she got my phone and came closer again to film it and they arrested her. I asked for my phone back they... View More

James L. Arrasmith
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answered on Sep 11, 2024

It sounds like a difficult situation, and it’s important to know your rights in cases like this. Generally, the police can seize a phone if they believe it contains evidence of a crime, but they should provide a receipt for the seized property. You have the right to request this receipt and... View More

1 Answer | Asked in Civil Rights and White Collar Crime for Hawaii on
Q: I won a lottery from facebook. It's 31mill,and they gave 10mill to a lady who they thought was my wife.

And took back the rest. And left me with nothing . The agent also bribed me for 50,000. And someone erased the agents words on my phone. And my pics to. And made a fake post of me saying I got it. And he the agent promises me delivery in 6hrs but didn't do it. I think it's a breached... View More

James L. Arrasmith
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answered on Sep 7, 2024

It sounds like you may have been the victim of a scam, which can be a frustrating and distressing experience. When it comes to lotteries and large sums of money on platforms like Facebook, it’s important to remember that legitimate lotteries don’t require payment upfront to claim a prize. If... View More

1 Answer | Asked in Contracts, Civil Litigation, Construction Law and Federal Crimes for Hawaii on
Q: in Hawaii State code 444–22 during covid & losing a contractors license mid job due to no payment by plaintiff what laws

contractor lost license due to nonpayment by company with a contract with to do work but they kept adding additional work all information is in the correspondence on email including a promise of payment not for filled and the person who promised stopped working there questionably as i the... View More

James L. Arrasmith
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answered on Sep 7, 2024

In your situation, several legal avenues could help you recover the unpaid amounts due to you, despite losing your contractor's license. Under Hawaii Revised Statutes (HRS) Chapter 444-22, a contractor may still have rights to collect payments for work completed before losing their license,... View More

1 Answer | Asked in Criminal Law, Traffic Tickets, Civil Rights and Landlord - Tenant for Hawaii on
Q: Can a property manager have your car towed from parking lot after saying it's OK to park it there.

The plates had been removed due to vandalism Even though there are 11 other vehicles in parking lot with illegal registration? He then lies and says he asked us if it was my vehicle and I just ignored him. He also said he gave me 3 warnings to have it moved or it would be towed. So he had it... View More

James L. Arrasmith
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answered on Jul 27, 2024

If the property manager initially gave you permission to park your car in the lot, having it towed later seems questionable, especially when other vehicles with illegal registration were not towed. The key issues here are the removal of your license plates due to vandalism and the contradictory... View More

1 Answer | Asked in Criminal Law, Civil Rights and Landlord - Tenant for Hawaii on
Q: Can a property manager take your clothes from laundry room and not tell you where he put them for 3 weeks?

Property manager and his boss kept making me ask each other where my laundry was for 3 weeks. It was destroyed by mold before I got it back.

James L. Arrasmith
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answered on Jul 27, 2024

No, a property manager shouldn't take your clothes from the laundry room without informing you. This situation is both unfair and unprofessional. You have the right to know where your belongings are and to have them returned promptly.

The fact that they kept making you ask each other...
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1 Answer | Asked in Arbitration / Mediation Law, Civil Rights and Landlord - Tenant for Hawaii on
Q: Can a property manager pick and choose who he chooses to follow the rules? Or must all rules be enforced equally?

Property manager fined me for items on stairway after they had been there for years and my neighbors have items in their stairways and were never given a warning to remove them?

James L. Arrasmith
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answered on Jul 27, 2024

A property manager should enforce rules consistently and fairly for all tenants. Picking and choosing who must follow the rules can be seen as discriminatory and could lead to legal issues. If you've been fined while your neighbors have not, it's understandable to feel frustrated.... View More

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