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Found 12 results

  1. What happens when someone gets arrested but refuses to be processed/booked? What are the consequences of this action?
  2. Hi guys, I understand DUI's over the age of 22 cannot be expunged in HI but if you are trying to apply somewhere and they have to run a background check--do they not show up after so many years? Or if a school program was to runs a background check will they still see the DUI on there? Some one was telling me that it falls off after 7 or 10 years but sometimes I cant believe what they say?
  3. Aloha, As of two weeks ago, new neighbors have moved into the front house on a property we share a driveway with. In fact, our driveway goes through their yard to the backyard leading to our house on the back lot. At first, we weren't even aware new neighbors had moved in until they called our landlord stating they had filed a police report and got a lawyer to fine us for parking on their property. Our property is fenced in, and it is inconvenient for us to open the gate every time a car comes in because we have dogs that stay within the fence off leash. There is an easement to the right of our driveway about 8 feet wide between our 5ft wide driveway and a fence belonging to a different neighbor. The old tenants at the front house always allowed us to park on that easement, but the new tenants threatened our landlord that they filed a police report for us parking "on their property". We had never spoken to the tenants until our landlord showed up to tell us this. We said we would have happily discussed the issue with them if they had made any attempt to contact us, in which the woman (it is one couple) stated that she "yelled from her porch to get our attention" which is easily over 50 yards away. She also claimed that it was our fault for the mud that lines the driveway up to our house, that we are "destroying" their property and the smell of the mud wafts into their house and bothers her. This baffled us, because we live in Hilo, the RAINIEST state in the country, where mud is prominent on everyone's yard and they also choose to park their car on the grass, which stirs up mud. My landlord did not wish to argue with them, and took the time out of his day and money out of his pocket to come and repair the muddy driveway with cinder himself. We also didn't wish to cause conflict, so we complied and began parking inside the gate, and gave her our numbers asking her to contact us if she had any other problems so we could resolve them without such escalation. This happened four days ago. Since then, they have repeatedly (everyday) called my landlord complaining that our dogs have been wandering around their yard urinating on their grass. Our dogs NEVER leave our property unless they are in our cars when we take them to the dog park or the beach. It's important to note that pretty much every single neighbor on our street has dogs, and many of them do wander around the neighborhood off leash and unsupervised (which is why we keep our dogs inside - since these dogs are usually not friendly). Our house is completely fenced in on all sides, and the first day this happened we assured our landlord that they were mistaken, that the dogs in question were not ours, and we even did a perimeter check to make sure there was no opening for them to freely wander without our knowledge. But now it has gotten to the point where our landlord calls us everyday, saying that they are complaining our dogs are the ones urinating in their yard. We have been home during those times they claim this has happened, with all of our dogs inside with us on the couch or in our beds. Our landlord asked them for photographic evidence of this, of which they have not produced. These false accusations are creating a strain between us, the tenants, and our landlord. They have not attempted to contact us at all - only pestering our landlord to take care of it. It has gotten to the point that I am afraid because of these false claims our landlord might decide not to renew our lease, which would be devastating because many people on Hawaii do not like to rent to people with animals, and it took us a very long time before we found this gem of a property. Before these tenants moved in, there was not a single complaint ever made against us, and we have even made friends with many of the other neighbors who enjoy our presence. We never throw parties, we're never loud or noisy, and our dogs are usually very quiet except when a new person pulls up to our property in a car they don't recognize (which isn't very often). I feel as though they don't like confrontation, and the only person they know is our landlord (they got his number from the previous tenants) so they just default to calling him and blaming us instead of trying to talk to any other neighbors. So I guess my question is: what steps can I take to mitigate these false accusations and obvious forms of harassment that have been made against us?
  4. Why is it that when attorneys know that they've mismanaged a clients case, in Hawaii the attorneys ban together to protect one another for their own interest, and the State assist this type of behavior by not responding to petitions for post conviction. The State of Hawaii seems to belief that the laws of the land doesn't apply to them, so while waiting I shall get all parties involved some assistance in resolving this particular legal mystery. The Constitution isn't being followed by the officials responsible for upholding the laws of our Country. I'll never understand Hawaii's reasoning with mass-incarceration, especially since the State doeidesn't have a high crime rate. The rate that Hawaii is incarcerating people that actually reside in the State, borders on human trafficing laws. Thus, this type of violation increases the very real possibility of WRONGFUL CONVICTIONS!!!!!
  5. How long can the State of Hawaii drag its feet in responding to a meritorious petition for post conviction relief, the State was granted a motion for an extension of time, and has failed to provide a timely response. Meanwhile, I sit idle unable to adjudication my claims that would entitle me to relief under the constitutions of the United States and Hawaii State Constitutions. In violation to my right to due process & equal protection!
  6. Hello, My question concerns what is assignable when a company goes out of business, and another person, or business jumps in to say that they are the new entity, and the collector for consumer accounts made with the original business. I want to protect myself from any scam. I am a consumer, who entered into a small lease agreement of under $ 2,000. on or about Nov. 26th 2016. This was with a Hawaii branch of a company, who has their main corporate office in TX. I had done business with this same company twice before, and I was aware that this company had downsized their stores during 2014-2015, but there was not any information given to customers on a possible change of ownership. Every thing was going well until this month Feb.1st 2016, when I received a call from someone who told me they now have my account, and are collecting for the other business. They wanted me to pay by phone for my monthly payment. This call took me by surprise, and I have not made any payment over the phone to date. After all, I thought it could be anyone asking for payment; but would the payment be going towards my payment balance, or into someone pockets.The payments in question add up to less then $2,000. total, and had I been working with the original business the total would have been spread over the next 12 months. To date, other then getting phone calls from these different people who say I owe them the money, because the other business is no longer in town; I have not received any correspondence in writing, that would substantiate a company taking over the first one, nor any letter detailing what my rights are. The only document I have, is the original contract from the closed store, which has an agreement to arbitration clause. Should I insist on arbitration, or ask for some other type of clarification? I would think that the parent company of the one I signed with which is in TX. would be interested in a smooth transition, and not leave their loyal customers up in the air with no communication. I would appreciate, any response which could assist me for a positive outcome. Sincerely, HawaiiLawFan
  7. My niece cosigned with her father and stepmother. Without her they wouldn't have been approved for the loan to purchase a home. Now her father and stepmom wants her to sign her name off the title for the house but not the mortgage. She's been paying half of the mortgage as well as the utilities. She's been giving her parents the mortgage money in cash and of course her parents are denying she paid anything. She does have proof that she's been paying the utility bills. Since she's refused to sign the title to the house, her father has thrown her out? Are they allowed to do that? She wants her name off the title and mortgage but I think that her parents should but her out considering without her they wouldn't been able to be approved for a home loan. PLEASE HELP?? If anyone knows the law for the state of Hawaii
  8. We live in Hawaii, My hawaiian husband's uncle passed away suddenly last month and had named my husband as successor of his hawaiian home (leasehold). His uncle allowed a friend to reside on the property rent free. (she works in the yard and we are not sure if this is just something she did or if they had some sort of an agreement). All the utilities are in his name. There are liens against the house and we have to wait a couple months for the state to sort out his debts/estate as to what to do about the house. Legally, the hawaiian homes office signed the property lease over to my husband. My question is how do we get her off the property, do we have to follow the 45 day notice to vacate. Can we turn off the utilities? pls advise
  9. My friend received $130 jaywalking ticket (notice) in Honolulu. He did not have any documents on him and police officer wrote down everything from his words. My friends gave all correct information about him and signed the notice. It was at night and my friend did not have reading glasses to examine notice on the spot. When at home he examined the ticket and found out that the date is off by one year because it happened in January 2016 and officer wrote instead 2015. What shall my friend do? 1) If he replies to that notice then indirectly he admits that event has happened and friend is liable and may have to pay extra fines because it is one year overdue. 2) If he does not reply and wait for other notifications from the court then he can deny everything because on January 2015 he was not anywhere near Hawaii and can get sworn affidavits from at least 10 people right away. How system works in this case? What court clerk will do if he/she sees that notice is already one year overdue and nothing was done about it? Will she realize that officer made mistake or she will go for penalty etc.? What is statute of limitation for jay walking in Hawaii? Thank you.
  10. I'm in Kona Hawaii. My tenant did not sign the lease. Within the first week of moving in March 3rd of this year the tenants had a big fire and blew up canisters of oil and the fire marshall came and gave a warning and I've been fined more than their deposit. No drugs are allowed and they kept smoking illegal pot. May 11 I caught strangers on my land backing into my storage with a trailer. I said they were trespassing and the 21 year old guest of the mother renter hit me with a pipe fracturing my hand. I foolishly did not go to police as I felt for his Mom. Pot smoking and threats to me continued. May 31st I gave 45 day notice. They ignored it. A lawyer friend said they violated the lease with criminal acts and to give a 10 day eviction. I didn't know I had to use a court.June 1st I posted it on their door from a online form with 2 pages of violations. They paid only $1100.00 rent out of $1800 due for June 4th and I was told they had to move in 5 days for not paying full rent. They ignored it. My attorney friend said I could put a no trespass on the two guests.Which I did May 28 st 2015. They ignored it. I called police and they blew me off, ignored pot smoking and told them they had 45 days. I extended the mom to be out June 23th. They are still here. I wrote her to be out June 25th so I could clean and show it. No response. I let them know I rented it July 1st and people would be moving in. I thought they had left and opened the door to clean June 28th and the son assaulted me refracturing my hand, cutting my head when I fell and gave me a concussion. Police came, ignored assault and said I shouldn't have opened the door and stepped in. I didn't know until I saw the Doctor the next day the severity of my injuries. The police said my Eviction and no trespasses were no good as the son was a guest of his mom.They are still here and I lost new renters. Still no communication. Should I go get restraining orders now as I have new renters that want it July 7th 2015. They have no intention of paying rent yet I pay all utilities including electric. Please help!
  11. Bought boat from friend of a friend I made a written receipt with a promise if I were to sell the boat i would pay the person 1,500 more. For some reason he couldnt find the title papers and claimed they were lost. Possibly, in the middle of moving to his new place of residence or his Sister had it. Im not sure what the reason maybe to be honest. Anyway I invested between 1000. to 1500.00 into the boat. i called the dept of boating who told me how I might register the boat. I need a letter to be sign by a notary from the person I bought it from saying i bought the boat from him stating that i am the new owner of yr/ model / make of boat. Then i can register with the state of hawaii dept. of boating. when i txt the person I bought it from the info the state required I have, he told me for another $4000.00 he can give me the title. Note!!!!!!!!!!!!!!! This person has not reported the boat stolen, the person has not registered the boat from the time he bought it in Aug. 2014. please advise. . . . options. . . .legal or legal yet immorral will b considered thank you Sincerely, Pist Off
  12. Does anyone know where I can find the District Court Rules of Civil Procedure for Hawaii? On the Motion to Dismiss form it ask for the Rule. The violations that I am concerned with are: 1.Filed for divorce prior to establishing residency 2.I was served copies of the stamped copies. Not the actual certified copy. Any help is greatly appreciated.
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