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wadamama

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  1. Aloha from Hawaii! My relative's car was seized during an arrest that ended with his being released pending investigation the next day. He received a Notice of Seizure and Forfeiture upon being released from cellblock which listed his car and $480. It named the Honolulu Police Department as the seizing(?) party. After getting the run-around from the police department as to what should be done, I found some info online in the Hawaii State Judiciary website. it stated that a Request for Remission/Mitigation of Forfeiture should be filed within 30 days of receipt of the above mentioned Notice and even had a sample Request form, which looked pretty self-explanatory. Is this the best way to proceed? (It's the ONLY way I found). I know it has to be notarized, but would we able to file this document without the help of a lawyer? (How legalese does it have to be?) If I do need a lawyer, could we use a Public Defender? I'm not sure how it is in the Continental states, but in Hawaii it is close to impossible to see or talk a PD unless court ordered, much less so in 30 days. Or do they have to take the time limit into consideration when scheduling a meeting? Help please! Thanks for your attention!
  2. Hi, same case as my last post. Forgot to mention Im in Hawaii. My relative was arrested for theft in the first w/ bail #### $1000. His car was seized and later charges were raised to burglary 1 and bail was rescinded. He just got released pending investigation but kept his car and $480 which are listed on a Notice of Seizure for Forfeiture. I spoke to a Lt. in Criminal Investigations who told me that if they charge him the car & $$ will be forfeit and even if they dont have enough proof for a criminal case it will be brought up in a civil charge which would produce the same outcome. (Before arresting him, he allowed the cops to search his car (5x) and they found nothing.) The Lt. then said that even if they dont convict him in the civil case, the car & $$ will still be forfeited. My questions are as follows: 1) Why did they arrest him and take the car in the 1st place if they found nothing? 2)What charge are they trying to find evidence about? (theft or burg?) 3) What are the different requirements for forfeiture between civil & criminal? 4) Does anyone else think it sounds like they were just trying to get him to confess to ANYTHING at all? and 5) What are the chances of getting the car & $$ back? Please advise, as you can see, im legally illiterate. Thanks for your time.
  3. My relative was arrested for theft in the fourth degree last night. Although he was arrested in a building, the police impounded his car which was parked downstairs. Why were they able to do that? And for what reason? I was wondering how I would go about learning about the information leading up to his arrest (i.e. warrants, witnesses, how information was obtained). I believe he may have been set-up by a girl who is seeking revenge on him for damages to her car which she has wrongfully been accusing him of. Is there any way to see a copy of the police file? Or is it privileged information? Would he be able to find out before arraignment (tomorrow a.m.)?
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