Crime, law and justice, and police blotter near Hawi, HI or anywhere in the US.
Recent Crime News
Can I be charged with a crime (making statute of limitations void) without being notified?
I was picked up in an ambulance (the police were there) at the scene of a one car accident. I was drunk. There was a witness who said I had been driving.
At the hospital the police waited for my blood test.
I was sent an automatic license revocation for one year letter and I was told that this is totally separate from criminal charges.
My neighbor from my previous address said police came looking for me with papers for me.
I do not live in that state any more.
There is no warrant out on me ( I called to check).
My friend says I legally have to be notified of my court date in order to be charged.
That as long as they cant serve me with a summons, (I haven't received anything in the mail) I can just wait for the statute of limitations to run out.
Your driver license revocation is a separate matter from any criminal charges. In Hawaii, you basically have two cases:...
Should I retain my lawyer? What steps should be taken to correct the situation below?
I was arrested for a DUI and retained a private lawyer. I attended the initial court date @ 2nd court the Judge allowed a continuance based on finalizing a plea agreement with the prosecutor but it wasn't finalized yet. At So judge set the next court date, @ that moment I told my lawyer I couldn't be present that day because my wife's final interview with immigration was the same morning, he said not to worry and because we should have a plea agreement and it was fine. Outside the courtroom i explained I couldn't make the court date again, he said he could be there in my absence to explain we were going to change the plea and it would be fine. I returned from our trip and found that my friends bail had been forfeited and a bench warrant is issued for me bc my lawyer didn't go...
If this occurred in California, I would tell my client to come to court to recall the warrant and have a bailbonds man...
Upon booking I stated that I do not want a breath test. I want a blood test. You have to take me to the hospital for a blood
test. The officer never even entertained the blood test choice. He stated that the blood test reads high. It tests my DNA. If I had alcohol the night before it would register that too. I said again I want blood test. While reading chemical test options he skipped over the words blood and urine both times they appeared. He showed me where to sign the consent for testing pointing to the breath test. I reluctantly blew. .084 on my first and only blow(within the .005 margin of machine error.) It is my right to choose the chemical test. Can the officers negating my right to choose the test be a reasonable defense?
Sounds like you were trying to be clever. Unfortunately, that is not a defence and no you are not entitled to this...
Can a 16 year old be charged for a crime, booked and not have parents notified?
My son was accused of DUI, his keys were not in the ignition, the vehicle was off and in 1st gear. The police said he truck rolled and bumped the car behind him. All witnesses state that the other vehicle drove up and bumped him. They did not take his statement or anyone else's. They towed his truck, handcuffed him and took him to the station were they booked him for DUI and didn't call us (his parents) until after he was booked and charged. He was never read his miranda rights. When we went to pick him up, we were told he was charged with DUI and curfew however, no paperwork or citation was given with the charges listed or arresting officer's names.
Is this all legal?
Sounds like it is legal. When your minor son is caught committing a crime the police are under no obligation to notify...
The Judge dismiss the felony dui case with-out prejudice back in October, 2008 and I heard thru a friend that the Prosecuter brought it back in December of 2008. I did not appear in court for the initial due to off island at the time and i'm just wandering if there's a statue of limitations for this?
The statute of limitations for a felony dui is generally three years but it probably does not apply in your situation....
My boarder refuses to move out even after an eviction notice, keeps bringing home drunk people
I recently bought a home and am renting a room in the house where I also live. My boarder has been bringing home very drunk men, being loud at all hours, damaging property, serving minors alcohol and making false police reports on me (luckily, the police never believe her as she is always drunk). I wrote her an eviction notice of 10 days citing: Hawaii Tenancy Law Term of Rental Agreements - Section 22. “. In the absence of a written agreement, the tenancy shall be month to month or, in the case of boarders, week to week.” She however is refusing to move out, saying she wants to stay as long as she can to make me miserable. I feel unsafe and would like any advise on what I can do.
You should make sure that you can show you delivered the 10 day notice required under Hawaii Revised Statutes section...