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Hawaii Questions & Answers
1 Answer | Asked in Small Claims for Hawaii on
Q: On the 6th of January, I was involved in a minor collision where my car had collided with another. No one was harmed and

Both cars just had a minor bump and scratch. Basically, the women was very angry and asked for my insurance, I knew I wasn’t Insured so asked if we could go out of pocket. She then called the police, I called Geico (an insurance company) and got insured as a non owner on vehicles within the time... View More

Matthew A Sylva
Matthew A Sylva
answered on Feb 10, 2022

You should consider consulting an attorney for actual legal advice based on what's in your question above. Your situation involves possible insurance fraud (if you filed a claim with Geico for the accident versus just showing the police that you had current insurance by the time they arrived).... View More

1 Answer | Asked in Family Law for Hawaii on
Q: I have a TRO case in a week, the only evidence the other party has against me is screenshots and the use of cell phone.

Everything in the TRO filed is "Hearsay," and the only possible proof is on a cell phone as a screen shot or text message or on social media (facebook). Is any of this actually admissable in the courts?

Matthew A Sylva
Matthew A Sylva
answered on Feb 9, 2022

It depends. In criminal Violation of TRO proceedings, the State would need to turn over copies of any discovery/evidence related to a person's case. In a civil proceeding that could either be in district or family court depending on whether you and the other person meet the criteria for... View More

1 Answer | Asked in Family Law for Hawaii on
Q: If I have a bench warrant in (kehei) will I be arrested in family court in (wailuku), Hawaii.
Matthew A Sylva
Matthew A Sylva
answered on Feb 9, 2022

In general when a person is arrested for a bench warrant in Hawai'i they will be held at a police station and given an opportunity to try to post their own bail. If a person cannot post bail (by their own means or through a bail bonds entity) then they are taken before the closest court of the... View More

2 Answers | Asked in Criminal Law for Hawaii on
Q: I have been charged for 2 misdemeanor's in Hawaii. How will this affect my travels if a warrant is issued for my arrest?

I have been charged for 2 misdemeanor's in Hawaii CPD3 and CPD4. I am an Australian citizen currently in Canada. I have a court date on 17/02. How will this affect my travels if a warrant is issued for my arrest or if I am convicted of the charges? If there is a warrant issued for my arrest... View More

William Jaksa
William Jaksa
answered on Feb 7, 2022

Entirely depends on how the warrant is endorsed. I doubt, but could be wrong, that a Judge would endorse a warrant to have a person returned to the jurisdiction for minor offences. The CBSA would likely be able to tell if you have outstanding charges in the USA, and would know if there was a... View More

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1 Answer | Asked in Consumer Law and Small Claims for Hawaii on
Q: How do I get my money back on a false misrepresentation of a claim on a product I bought?

I purchased a device that claimed FDA approval and it is not. I based the purchase on being told it was FDA approved.

Tim Akpinar
Tim Akpinar
answered on Jan 23, 2022

A Hawaii attorney could advise best, but your question remains open for five weeks. Hawaii consumer laws aside, which only a local attorney could advise about, the most practical approach could be to request refund through the company's customer service department. If there's more to the... View More

1 Answer | Asked in Consumer Law and Insurance Bad Faith for Hawaii on
Q: Is the death due to "complications of blunt force injuries of the head" considered to be an accidental death?

I am the beneficiary of a Guaranteed Life Insurance from Gerber Life that started June 2019. The insured passed away on March 27, 2020. I filed a death claim with Gerber Life but there was a delay in obtaining his death certificate due to the pandemic. I finally was able to send in the required... View More

Mark Simonds
Mark Simonds
answered on Dec 17, 2021

Aloha, blunt force trauma is exactly that - an injury caused by blunt force, whether applied intentionally by another person, or due to accidental circumstances. It is more a medical term than a legal term. It just describes the type of causation, not the state of mind of the individual... View More

1 Answer | Asked in Criminal Law, Federal Crimes and Gov & Administrative Law for Hawaii on
Q: Does a Federal crime override a state crime?

A TRO is in place on one property for 2 family members my father and his son the judge ordered both families to stay in their living areas one family has the front and the other family take the back. Both families share one common area for driving and that leads to front and back of house. The... View More

Mark Simonds
Mark Simonds
answered on Dec 11, 2021

I am so sorry what your ohana is going through, especially around the holidays. Your father relied on the representation of a government official, to his detriment. If he is charged with a violation of the Order for Protection, he may have a defense if the offense was; 1) de minimis; or 2) he did... View More

2 Answers | Asked in Civil Rights and Employment Discrimination for Hawaii on
Q: I'm inquiring about my employers wanting further explanation of my religious exemption which was previously approved.

Now they sent me a list of questions asking me to explain why. Their also asking if "I've put my practice(religion) into any other areas in my life?"

Also if "I've taken other vaccines and or medications in the pass as an adult?" With six more intrusive... View More

Mark Simonds
Mark Simonds
answered on Nov 10, 2021

Typically, when a religious exemption to a work-related medical requirement is requested, employers may make reasonable inquiries into your sincerely held religious belief, in order to determine whether it is, in fact, genuine. If it is determined to be so, then reasonable accommodations must be... View More

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1 Answer | Asked in Gov & Administrative Law for Hawaii on
Q: If my tire was damaged while on Federal government property, can I get reimbursed for the cost of the tire?

As I was leaving the parking lot, I hit a broken handicap sign which was protruding approximately 6 inches from the pavement which I did not see.

Mark Simonds
Mark Simonds
answered on Nov 10, 2021

Aloha, I would try to reach out to the entity upon whose premises your vehicle was damaged. For relatively small claims, such as a tire, the National Park Service, for example, will require you to complete a form asking for details if the incident. Typically, these kinds of claims are usually... View More

1 Answer | Asked in Criminal Law for Hawaii on
Q: how do I apply to a district court judge to have a first time criminal property damage misdemeanor expunged

This happened 19 years ago and in court I failed to avail myself of the offer of deferred judgement. Now I am seeking to have it removed if possible as it affects my job applications.

Mark Simonds
Mark Simonds
answered on Nov 3, 2021

Aloha, so I assume he information you provided is accurate, in that the charge resulted in a conviction on your record. In other words, you did not receive, at the time of your sentencing, a deferred acceptance of no contest plea (‘DANC’’), or deferred acceptance of guilty plea (‘DAG”)... View More

1 Answer | Asked in Criminal Law for Hawaii on
Q: How long can drug evidence be held until they decide to charge you with possession of dangerous drug 2

What is the statutes of limitations on drug evidence

Mark Simonds
Mark Simonds
answered on Nov 2, 2021

Promoting a Dangerous rug in the second degree is a class ‘B’ felony under the Hawaii Revised Statues. Assuming there are no other potentially more serious charges, a charge of this severity would have to be brought within 3 years of the incident.

§701-108 Time limitations. (1) A...
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1 Answer | Asked in Employment Discrimination and Employment Law for Hawaii on
Q: Employment, Unemployment and Covid.

I dont know if this is the right place but my nephews employer won't let him come back to work. He started at the beginning of the summer. Ended up catching covid. He went to the doctor, did his quarantine over a month ago. Job says he still can't come back until he shows negative covid... View More

Rhiannon Herbert
Rhiannon Herbert
answered on Oct 6, 2021

Your nephew's job is permitted to ask for a negative covid test or vaccination from your nephew, but they are not permitted to request negative covid tests or other medical information for everyone living in his household.

1 Answer | Asked in Adoption, Civil Rights and Gov & Administrative Law for Hawaii on
Q: For married co-plaintiffs, can he proceed pro se to represent himself while she hires an attorney to represent herself?

We are both suing the Hawaii Department of Human Services and some of its employees in federal court. He wants to give opening and closing statements and cross examinations but she wants an attorney to do it. We also both have differing litigation strategies. Can we have the best of both worlds and... View More

Peter N. Munsing
Peter N. Munsing
answered on Aug 4, 2021

I suggest you delete your case reference.

The individuals should both use an attorney, but if for some reason that is not possible, Federal Courts allow pro se appearances. You may, if applicable, want to fill out the forms to proceed in forma pauperis, which waives most fees.

1 Answer | Asked in Immigration Law for Hawaii on
Q: Can I do multiple times stays one month and leave US for 5 month in same year and still qualify to apply for citizenship

Marry to a US citizen, currently holding a 2-year conditional green card and planning to apply for citizenship when the time comes. However, I need to do medical treatment outside of the US, and the treatment required about a year to recover. I don't want to re-start the time of being qualify... View More

Agnes Jury
Agnes Jury
answered on Apr 28, 2021

To qualify for citizenship, generally applicants must demonstrate they have continuously resided in the United States for at least 5 years before submitting Form N-400, Application for Naturalization. This means you must be residing exclusively in the United States – not in any other country.... View More

1 Answer | Asked in Civil Litigation for Hawaii on
Q: The Board of Directors has changed, although we haven't had any meetings. How can this be

The president of the board moved and sold his unit. No meeting was held to fill vacant position.

Randy Bryan Ligh
Randy Bryan Ligh
answered on Apr 16, 2021

What do your governing documents say when a director or office sells his unit? The documents should detail removal and/or replacement.

1 Answer | Asked in Criminal Law and Immigration Law for Hawaii on
Q: I am trying to apply for the N-400 Naturalization. A few questions have me confused.

Have you EVER been convicted of a crime or offense?

Have you EVER been placed in an alternative sentencing or a rehabilitative program (for example, diversion, deferred prosecution, withheld adjudication, deferred adjudication)?

Have you EVER received a suspended sentence, been... View More

Nadine C. Atkinson-Flowers
Nadine C. Atkinson-Flowers
answered on Apr 12, 2021

The convictions are convictions even though they were expunged. Make sure you have copies of the documents from the court, with a seal or stamp from the court to show they are the official records. It is useful to talk with an immigration lawyer before submitting. The American Immigration Lawyers... View More

1 Answer | Asked in Car Accidents for Hawaii on
Q: A commercial vehicle was parked in a unmarked stall and reversed into my car as I parked

The commercial vehicle where it was parked isn't a loading or unloading zone, basically a unmarked area.

As I proceeded to reverse my car into a marked stall the commercial vehicle started reversing as well, my car was basically 80% in the stall until it hit my front right of my car.... View More

Tim Akpinar
Tim Akpinar
answered on Apr 2, 2021

A Hawaii attorney could advise best, but your post remains open for two weeks. In most jurisdictions, it would be difficult to pin all liability on one party or the other in these types of settings, with both vehicles in reverse in a parking lot setting. Some of the options before you include going... View More

1 Answer | Asked in Trademark for Hawaii on
Q: This is my company logo that has been stolen from me. Does this show that J & S own this trademark?

I temporarily closed my company down in 2013 due to my son's death. I want to restart my company and when I researched this I found J & S claiming Heaven 's Cookie as theirs. The details are incorrect but the general idea of a cloud with the name inside is the same. The font used... View More

Marcos Garciaacosta
Marcos Garciaacosta
answered on Mar 13, 2021

you should consult with an attorney

did you ever register the mark?

how long did you stop using it?

what products do you make and they make?

1 Answer | Asked in Immigration Law for Hawaii on
Q: Can my husband move to Hawaii with me (from Toronto) even if we are soon-to-be separated? I am getting the work visa.

I would like to move my family to Hawaii. I am looking to purchase a company and would therefore qualify for a work visa. However, my husband and I are in the midst of separating. I would like to assist his move to the US and wondered if I should delay the separation or if we can still all move... View More

Kevin L Dixler
Kevin L Dixler
answered on Mar 4, 2021

More information is needed. Have your petition for an investor visa been approved? If not, it can take a significant amount of time for U.S. visa petition processing. Likely, much more time than Canada. Perhaps, more time then you and your husband wish to wait.

As a result, I strongly...
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2 Answers | Asked in Car Accidents and Traffic Tickets for Hawaii on
Q: I had an accident with a revoked license should I have a lawyer to aid me in this matter?
Peter N. Munsing
Peter N. Munsing
answered on Feb 25, 2021

Very definitely. Look for an attorney who handles traffic citations. If the crash wasn't your fault you have a claim for your injuries and should contact a member of the Hawaii Trial Lawyers Association--they give free consults.

Pomaika'i !

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