Why Act Fast?

When it comes to legal matters, acting promptly can be crucial for a successful outcome. Let’s explore three key reasons why taking immediate legal action is advantageous:

Statute of Limitations

The statute of limitations is a legal time limit within which a person can file a claim or bring a lawsuit for a particular type of legal issue. Each state has its own specific timeframe, and it varies depending on the nature of the case. Here’s why acting fast in response to legal matters is essential in relation to statute of limitations:

• Missed Opportunities: Delaying legal assistance can result in missing the critical window to file a claim. Once the statute of limitations expires, you may lose your right to seek legal remedies, regardless of the merits of your case.
• Legal Rights: Acting quickly preserves your legal rights and ensures you have the opportunity to seek compensation or justice if you have a valid claim. Waiting too long may jeopardize your ability to do so.
• Peace of Mind: Taking prompt action provides peace of mind, knowing that you’ve initiated the process within the legal timeframe and are not at risk of losing your rights due to procrastination.

To illustrate the importance of this, let’s examine a hypothetical scenario:

Evidence Preservation

Evidence is the foundation of any legal case. The longer you wait to take legal action, the greater the risk that crucial evidence will be lost or compromised. Here are some key points to consider regarding evidence preservation:

• Documentary Evidence: Contracts, medical records, emails, and other documents can be essential to your case. Timely action ensures these documents are secured and readily available.
• Physical Evidence: In cases involving accidents or injuries, physical evidence like accident scenes or damaged property should be documented and preserved quickly. Delaying may result in loss or contamination of evidence.
• Witness Statements: Witnesses can provide valuable testimony. Acting fast allows your attorney to gather statements while memories are fresh, increasing the credibility of your case.
• Digital Evidence: In the digital age, electronic evidence such as social media posts or surveillance footage may be time-sensitive. Quick legal action helps prevent the deletion or alteration of such evidence.

Witness Recollection

Memories fade over time, and witness recollection can become less reliable as days, weeks, or months pass. This is where legal assistance becomes crucial:

• Interview Witnesses: An attorney can conduct interviews with witnesses shortly after the event, ensuring their accounts are accurate and vivid.
• Affidavits: Witnesses can provide signed affidavits, which serve as legally binding statements. Promptly obtaining these documents helps secure their testimony.
• Courtroom Testimony: Witnesses may be required to testify in court. By acting quickly, you increase the likelihood of their willingness and ability to participate effectively.

Early Stages: What Happens?

The early stages of legal representation are crucial in setting the foundation for your case. Let’s explore three key phases:

Initial Consultation

The initial consultation marks the beginning of your legal journey. During this phase, you’ll have the opportunity to meet with your lawyer, share the details of your case, and receive guidance on the steps ahead. Here’s a breakdown of what happens during the initial consultation:

• Case Evaluation: Your lawyer will assess the merits of your case, asking questions to understand the situation fully. This evaluation helps determine if you have a valid legal claim.
• Legal Strategy: Based on the information you provide, your lawyer will outline a preliminary legal strategy. They will explain the potential courses of action and their recommendations.
• Fee Structure: The initial consultation is also an opportunity to discuss legal fees and payment arrangements. Your lawyer will explain their fee structure and any potential costs associated with your case.
• Client-Lawyer Relationship: It’s important to establish a good working relationship with your lawyer during this phase. You should feel comfortable asking questions and confident in their expertise.

Investigation

After the initial consultation, the next critical step is the investigation phase. This is where your lawyer begins to gather evidence, interview witnesses, and assess damages. Here’s a detailed overview:

• Evidence Collection: Your lawyer will work diligently to collect all relevant evidence pertaining to your case. This may include documents, photos, videos, medical records, contracts, or any other relevant information.
• Witness Interviews: Witnesses play a vital role in many legal cases. Your lawyer will conduct interviews with witnesses to obtain their statements while their memories are fresh and their recollections accurate.
• Assessment of Damages: Depending on the nature of your case, your lawyer will assess the extent of damages incurred. This assessment is crucial for determining the potential compensation or resolution you may be entitled to.
• Legal Research: Your lawyer will also conduct legal research to ensure they are well informed about the relevant laws and precedents that apply to your case.

Insurance Negotiations

If your case involves insurance claims, your lawyer will engage in negotiations with the relevant insurance companies on your behalf. This phase is critical for securing the best possible outcome. Here’s a closer look:

• Communication with Insurers: Your lawyer will communicate with the insurance companies involved, presenting your case and advocating for your best interests.
• Settlement Offers: If the insurance company makes a settlement offer, your lawyer will review it carefully and provide guidance on whether to accept or negotiate further.
• Litigation Preparation: If negotiations do not result in a satisfactory resolution, your lawyer will begin preparing for litigation, which may involve filing a lawsuit and proceeding to court.
• Legal Counsel: Throughout the insurance negotiations, your lawyer will provide legal counsel and guidance, ensuring that you make informed decisions that align with your best interests.

How Long Does a Car Accident Settlement Take With a Lawyer?

The duration of a car accident settlement with a lawyer can vary significantly based on several factors. In this comprehensive guide, we will explore these factors, provide an average timeline, and delve into the details of each stage in the settlement process.

Table: Factors Influencing Duration

Understanding the typical timeline for a car accident settlement with a lawyer can help set your expectations. Here’s a breakdown of the average timeline for different stages of the process:

• Initial Steps (1-3 months): This phase involves the preliminary activities necessary to initiate the settlement process. During this period, your lawyer will be focused on gathering evidence, obtaining medical reports, and starting negotiations with the insurance company. This stage is critical for building a strong case foundation.
• Negotiations (3-6 months): Once your lawyer has gathered the necessary documentation and evidence, negotiations with the insurance company will commence. This stage can be lengthy, as it often involves back-and-forth communication between your lawyer and the insurance adjusters. The duration of negotiations can extend if the parties do not initially agree on settlement terms.
• Litigation (1 year or more): If negotiations fail to result in a satisfactory settlement, your case may proceed to litigation. Litigation is the most time-consuming phase and can last a year or more. It involves filing a lawsuit, discovery (evidence gathering), legal motions, depositions, court appearances, and, potentially, a trial. The length of the litigation phase can vary widely depending on court schedules and the complexity of the case.

Conclusion

Understanding “how long does a car accident settlement take with a lawyer” is essential for timely and effective legal intervention. While it’s never ideal to wait, it’s generally not too late unless the statute of limitations has lapsed. However, the earlier a lawyer is involved, the better your chances of preserving evidence, obtaining accurate witness statements, and navigating the complexities of insurance negotiations and legal proceedings.

Hiring a lawyer soon after a car accident significantly impacts the duration and outcome of your settlement. Their expertise in law, negotiation skills, and strategic planning are invaluable in speeding up the process, ensuring that your rights are protected, and that you receive the compensation you deserve.

Remember, every car accident case is unique, and the timeline can vary. But one thing remains constant: the sooner you get a lawyer involved, the better your chances of a favorable outcome. So, if you find yourself asking, “How long does a car accident settlement take with a lawyer?” consider that the right time might just be now.

FAQ

Is it ever too late to hire a lawyer for a car accident?

Generally, it’s not too late unless the statute of limitations has expired. However, the sooner, the better.

How long does a car accident settlement take with a lawyer?

It varies, but on average, it can take anywhere from a few months to over a year, depending on the case’s complexity.

Can a lawyer speed up my car accident settlement?

Yes, their expertise and negotiation skills can streamline the process.

What if I can’t afford a lawyer right away?

Many car accident lawyers work on a contingency fee basis, meaning they get paid only if you win your case.

Should I accept an insurance company’s initial offer?

It’s advisable to consult with a lawyer before accepting any offer to ensure it’s fair.

The post When is the Golden Hour to Call a Lawyer After a Car Accident? appeared first on DSLaw.

Understanding Legal Timeframes

There is a lot of variation when it comes to the complexity and duration of legal cases. To simplify things, we can categorize these timeframes into two types: simple cases and complex cases. There are several factors that contribute to how long a case might take, such as the discovery phase, negotiations between parties involved in the dispute, or scheduling issues with courts themselves.

The Various Types of Legal Cases and Their Average Durations

To comprehend the legal time limits, it’s crucial to differentiate between uncomplicated and intricate cases. Presented below is a categorization of standard timelines applicable to various types of cases:

Factors Contributing to Delays

Understanding the factors that contribute to delays in legal cases can provide insight into why some cases take longer than others. These factors include:

The Discovery Phase

The discovery phase represents a pivotal stage in the legal process where both parties involved gather evidence, documents, and information that are pertinent to the case at hand. This phase serves the crucial purpose of ensuring transparency, allowing each side to understand the strengths and weaknesses of their respective claims. However, it is also a phase that can contribute significantly to case delays due to a variety of reasons.

• Volume of Information: In complex cases, which might involve extensive evidence, numerous witnesses, or a substantial volume of documents, the discovery phase can become protracted. The sheer volume of information that must be reviewed, organized, and analyzed can consume an enormous amount of time.
• Disputes Over Disclosure: Disagreements between the parties regarding what information should be disclosed can lead to protracted litigation within the discovery phase itself. This can result in motions, hearings, and additional delays as the court intervenes to resolve these disputes.
• E-Discovery Challenges: In the digital age, electronic discovery (commonly referred to as e-discovery) has become increasingly complex. Retrieving, processing, and analyzing electronic data can be a time-consuming endeavor, often requiring specialized technical expertise and software tools.
• Third-Party Involvement: In cases where third parties possess relevant information, coordinating their participation in the discovery process can lead to delays. These third parties may not prioritize the litigation’s timeline, leading to scheduling conflicts and extensions.

Negotiations Between Parties

Many legal cases involve attempts to settle through negotiations and alternative dispute resolution mechanisms. While reaching a settlement can expedite the resolution process, the inability to reach an agreement swiftly can result in the continuation of litigation and further delays.

• Complexity of Issues: Highly intricate legal matters may necessitate extensive negotiations to find common ground. This can consume an inordinate amount of time, particularly when parties have divergent interests and viewpoints.
• Emotional Factors: Emotional or personal factors can significantly impede negotiations. Parties may have deeply rooted grievances or animosities that hinder cooperation and compromise, prolonging the negotiation phase.
• Multiple Parties: Cases involving multiple parties, such as class actions or multi-defendant lawsuits, often require prolonged negotiations to align the interests of all parties involved. Coordinating the needs and demands of multiple stakeholders can be a complex and time-consuming process.

Court Schedule Congestions

The efficiency of the court system is a critical factor in determining case delays. Courts frequently grapple with congested schedules, which can lead to the postponement of trials and hearings, resulting in significant delays for litigants.

• High Caseloads: Overburdened court dockets can lead to scheduling conflicts and delays. Courts must allocate limited time and resources to a multitude of cases, causing delays for all parties involved as they await their turn in a crowded docket.
• Unforeseen Circumstances: Unexpected events, such as emergencies or the unavailability of key personnel such as judges, attorneys, or witnesses, can disrupt court schedules. These unforeseen circumstances necessitate rescheduling, causing delays that are often beyond the control of the litigants.
• Backlog: Courts may grapple with a backlog of cases, especially in jurisdictions with limited resources. Older cases may take precedence over newer ones, causing delays for the latter as the court prioritizes clearing its docket.

Delving Deeper into Delays

We’ve uncovered that the duration of a case can be influenced by factors such as case type and complexity. However, it’s essential to delve even deeper into the various elements contributing to delays in legal proceedings. Let’s dissect the intricacies of these delays, emphasizing the importance of understanding legal procedures, client-lawyer communication, and the constraints of the judicial system.

Legal Procedures and Protocols

Legal processes are inherently intricate and often entail a significant investment of time. Here, we will break down some of the key aspects contributing to these time-consuming procedures:

• Detailed Investigations: One of the fundamental reasons behind delays in legal cases is the need for thorough investigations. These investigations are conducted to gather evidence, interview witnesses, and establish the facts of the case. In complex cases, this phase can be particularly protracted, as uncovering critical information may take time.
• Evidence Collection: Gathering and presenting evidence is a pivotal aspect of any legal case. This process includes obtaining documents, medical records, financial records, and other pertinent information. The time spent on this task can vary depending on the availability and accessibility of evidence.
• Procedural Protocols: Legal cases are bound by a set of procedural protocols and rules that must be followed meticulously. These protocols ensure fairness, due process, and the protection of the rights of all parties involved. Adhering to these rules can sometimes introduce additional steps and consequently extend the duration of the case.

Client-Lawyer Communication

Effective communication between clients and their lawyers is paramount in legal proceedings. Misunderstandings or miscommunications can be a significant source of delays. Here are some aspects to consider:

• Clear Instructions: Clients must provide their lawyers with clear and comprehensive instructions regarding their case. Vague or incomplete information can lead to confusion and delays in the legal process.
• Timely Responses: Lawyers often require prompt responses from their clients regarding queries, document requests, or updates. Delays in communication from the client’s side can slow down the progress of the case.
• Managing Expectations: Lawyers should ensure that their clients have realistic expectations about the duration of the case. Clear communication about potential delays and setbacks can help clients understand the process better.

Judicial System Constraints

Another crucial factor contributing to delays in legal cases is the constraints within the judicial system itself:

• Backlogged Cases: Courts often contend with a backlog of cases, meaning there are more cases awaiting resolution than the court system can handle promptly. This backlog can lead to delays in securing hearing dates and receiving court decisions.
• Scheduling Conflicts: The availability of judges, attorneys, witnesses, and other parties involved can sometimes create scheduling conflicts, causing postponements and delays in court proceedings.
• Complexity of the Case Load: The complexity of cases can vary widely, and some intricate matters may require more time for thorough deliberation and consideration by the court.

Specific Reasons Why Your Lawyer Might Be Taking Long

When you’re involved in a legal matter, it can be frustrating if you feel that your lawyer is taking longer than expected to resolve your case. However, there are several specific reasons why this might happen. In this article, we will delve into these reasons in detail, providing insights into why your lawyer’s timeline may not align with your expectations.

Collecting and Analyzing Evidence

One of the primary reasons for delays in legal proceedings is the process of collecting and analyzing evidence. This is a crucial step in building a strong case, and it can be time-consuming. Lawyers must gather documents, interview witnesses, and review information thoroughly. Below is a table summarizing the key points regarding evidence collection:

Negotiating with Other Parties

Legal disputes often involve negotiation with other parties, which can be a protracted and iterative process. Lawyers engage in discussions, exchange proposals, and work toward a mutually acceptable resolution. This can be time-consuming, as both parties may have different positions and interests. The following bullet points provide a breakdown of the negotiation process:

• Preliminary negotiations to establish initial terms.
• Exchange of offers and counteroffers.
• Legal analysis of proposed agreements.
• Finalizing and formalizing the negotiated settlement.

Awaiting Court Dates

The scheduling of court dates can significantly impact the timeline of your legal case. Courts are often overloaded with cases, and securing a hearing date can take time. Additionally, court dates may be postponed or rescheduled due to various reasons. This unpredictability can lead to delays in your case. It’s essential to understand the factors affecting court scheduling:

• Case backlog in the court system.
• Availability of judges and courtrooms.
• Prioritization of cases based on urgency.

Legal Formalities and Compliance

Ensuring that all legal documents are filed correctly and in compliance with the law is a crucial aspect of legal proceedings. Lawyers must meticulously prepare and review paperwork to avoid potential legal complications. Here are some key aspects of legal formalities and compliance:

• Drafting legal documents, such as contracts, pleadings, and motions.
• Conducting legal research to ensure compliance with current laws and regulations.
• Submitting documents to the appropriate authorities within specified deadlines.

Changes in Legal Staff

Turnover within your lawyer’s team can also contribute to delays in your case. New staff members may need time to familiarize themselves with the specifics of your situation, leading to transitional delays. It’s essential to recognize the potential effects of staff changes and how they can impact your case:

• Transition period for new team members.
• Ensuring continuity and proper handover of case information.

Your Own Responsiveness

Clients play a crucial role in the pace of legal proceedings. Your lawyer may require your input, documents, or responses to move the case forward efficiently. If clients are unresponsive or fail to provide necessary information promptly, it can lead to delays. To prevent this, clients should prioritize communication and cooperation with their legal counsel. Key points to consider include:

• Promptly providing requested documents and information.
• Maintaining open and clear communication with your lawyer.

Conclusion

Asking “Why is my lawyer taking so long?” is a valid concern. Understanding the intricacies of legal procedures, acknowledging external factors like court backlogs, and maintaining open communication with your lawyer can help ease your anxiety. Remember, quality legal work often requires time and patience.

FAQ

Q: Can I speed up my case?

A: You can ensure timely responses and document submissions, but some aspects are beyond your control.

Q: Should I be worried if my case is taking long?

A: Not necessarily. It’s often a sign of the thoroughness and complexity of legal proceedings.

Q: How often should I expect updates from my lawyer?

A: This varies, but typically once a month or at significant stages of your case.

Q: Can I change my lawyer if my case is taking too long?

A: Yes, but consider if this will cause further delays.

The post Legal Labyrinth: Understanding Your Lawyer’s Process and Delays appeared first on DSLaw.

1. Lack of Communication

To identify whether your lawyer is failing to communicate effectively, look for the following signs:

• Delayed Responses: A lawyer who is selling you out might not respond to your calls or emails promptly. This delay can create anxiety and uncertainty about the progress of your case.
• Lack of Updates: Your lawyer should regularly update you on the status of your case, including any developments or changes. If they fail to do so, it can be a sign of negligence or a hidden agenda.
• Unavailability: If your lawyer is often unavailable or too busy to meet with you, it can hinder your ability to discuss important matters related to your case. This may lead to uninformed decisions and increased frustration.

Impact on Your Case

Inadequate communication with your lawyer can have severe consequences for your case. Here’s how it can negatively affect you:

• Loss of Trust: Trust is fundamental in the attorney-client relationship. A lack of communication can erode trust and make you question whether your lawyer is genuinely working in your best interests.
• Missed Deadlines: Failure to communicate effectively can lead to missed deadlines, which may result in legal setbacks or even the loss of your case.
• Misinformed Decisions: Without proper updates and information, you may make decisions that are not in your best legal interest. This can significantly impact the outcome of your case.
• Increased Stress: Uncertainty and lack of communication can cause significant stress and anxiety, making an already challenging legal situation even more difficult to navigate.

Addressing the Issue

If you suspect that your lawyer is selling you out through a lack of communication, consider taking the following steps:

• Express Your Concerns: Communicate your dissatisfaction with your lawyer’s communication directly. Ask for improved communication and express your expectations.
• Document Everything: Keep a record of all communication attempts, including dates, times, and the content of emails or phone calls. This documentation can be useful if you need to escalate the issue.
• Request a Meeting: If your lawyer is often unavailable, request a face-to-face meeting or a scheduled phone call to discuss your concerns and the status of your case.
• Seek a Second Opinion: If communication issues persist, consider consulting another attorney to assess your situation and provide guidance on the best course of action.

2. Conflicting Interests

To identify whether your lawyer might have conflicting interests, pay attention to the following signs:

• Relationships that Conflict with Your Case: If your lawyer has personal or professional relationships with individuals or entities involved in your case, it could create a conflict of interest. This may manifest as favoritism towards those parties.
• Reluctance to Challenge Certain Parties: Your attorney should be willing to advocate aggressively for your interests, even if it means challenging powerful opponents. If your lawyer appears hesitant to go against specific parties or entities, it could indicate a hidden agenda or concern about jeopardizing other interests.

Impact on Your Case

Conflicting interests within your lawyer’s practice can have significant consequences for your case:

• Compromised Objectivity: When your lawyer has conflicting interests, their ability to provide impartial advice and representation may be compromised. They may prioritize their relationships or other interests over your legal needs.
• Reduced Advocacy: Reluctance to challenge certain parties can lead to a less effective legal strategy. Your attorney might avoid taking necessary actions or negotiations, ultimately weakening your position.
• Potential Ethical Violations: Lawyers have ethical obligations to avoid conflicts of interest. If your attorney breaches these ethical standards, it could result in legal consequences for them and harm to your case.
• Loss of Trust: Discovering that your lawyer has conflicting interests can erode the trust you have in them, leading to frustration and uncertainty about your legal representation.

Addressing the Issue

If you suspect that your lawyer may have conflicting interests that are compromising your case, consider the following steps:

• Discuss Your Concerns: Initiate an open and honest conversation with your lawyer. Express your concerns about potential conflicts of interest and ask for clarification regarding their relationships and any hesitations they may have.
• Request Transparency: Ask your lawyer to be transparent about any personal or professional connections they have with parties involved in your case. Transparency can help address potential conflicts.
• Consult a Legal Ethics Expert: If you are uncertain about the ethical implications of your lawyer’s actions, consult a legal ethics expert or another attorney to evaluate the situation and provide guidance.
• Seek Alternative Representation: If you believe your lawyer’s conflicting interests are negatively impacting your case, it may be necessary to seek new legal counsel to ensure your interests are adequately protected.

3. Inadequate Representation

To determine if your lawyer is providing inadequate representation, look for these telltale signs:

• Lack of Preparation: Your lawyer should be well-prepared for meetings, negotiations, and court appearances. Signs of inadequate preparation include a disorganized approach, missing or incomplete information, and a general lack of readiness.
• Missed Filing Deadlines: Lawyers must adhere to strict filing deadlines and procedural requirements. If your attorney consistently misses these deadlines or fails to fulfill crucial legal steps, it can jeopardize your case.
• Biased Advice: Your lawyer’s advice should consistently favor your legal interests. If you notice that the advice provided seems to benefit the other party more than you, it could indicate a lack of commitment to your case.

Impact of Inadequate Representation

Inadequate representation can have profound consequences for your legal matter:

• Loss of Legal Rights: Missed deadlines or incomplete legal processes can result in the loss of important legal rights, potentially causing irreparable harm to your case.
• Compromised Outcomes: When your lawyer is unprepared or provides biased advice, it can significantly weaken your position during negotiations or in the courtroom, leading to unfavorable outcomes.
• Financial Costs: Inadequate representation can prolong legal proceedings, leading to higher legal costs and unnecessary expenses.
• Emotional Stress: The uncertainty and frustration caused by inadequate representation can be emotionally taxing, further burdening you during an already challenging legal situation.

Addressing the Issue

If you suspect that your lawyer is providing inadequate representation, take the following steps to address the issue:

• Communicate Your Concerns: Express your concerns to your lawyer. Request clarification on their preparation and ask for a clear plan to address any missed deadlines or incomplete steps.
• Document Everything: Keep records of all interactions with your lawyer, including meeting dates, communication, and any instances of unpreparedness or biased advice.
• Seek a Second Opinion: Consider consulting with another attorney to evaluate your case. They can provide an independent assessment and guidance on whether inadequate representation is occurring.
• File a Complaint: If your concerns persist and you believe your lawyer’s actions may constitute malpractice or ethical violations, you can file a complaint with the appropriate legal authority or bar association.

4. Financial Discrepancies

To identify financial discrepancies that may indicate your lawyer is not acting in your best interests, pay attention to the following signs:

• Unexplained Charges or Fees: If you notice charges or fees on your legal bill that have not been adequately explained or justified, it raises concerns about transparency and potential financial impropriety.
• Reluctance to Provide Detailed Billing: Your lawyer should be willing to provide clear, detailed invoices that outline the work performed and the associated costs. A reluctance to do so may indicate an attempt to hide or inflate fees.
• Pressure to Incur Additional Costs: If your lawyer pressures you to make decisions that could result in higher legal fees without a clear justification, it may suggest a focus on their financial gain rather than your legal needs.

Impact of Financial Discrepancies

Financial discrepancies in your legal representation can have significant consequences:

• Financial Burden: Unexplained or inflated fees can place an undue financial burden on you, affecting your ability to access legal services or achieve a fair outcome.
• Loss of Trust: Discovering financial discrepancies can erode the trust you have in your lawyer, making it difficult to maintain a productive attorney-client relationship.
• Conflict of Interest: Financial impropriety may indicate a conflict of interest, where your lawyer’s financial gain takes precedence over your legal interests.
• Legal Consequences: Some financial discrepancies may constitute legal malpractice or ethical violations, potentially leading to disciplinary action against the lawyer.

Addressing the Issue

If you suspect financial discrepancies in your legal representation, take the following steps to address the issue:

• Request Detailed Billing: Politely request a breakdown of your legal fees and expenses, seeking clarification on any items that appear unclear or unexplained.
• Document All Communications: Keep a record of all communication with your lawyer regarding fees, charges, and decisions that could impact costs.
• Seek a Second Opinion: Consult with another attorney to review your case and billing practices. They can provide an independent assessment of whether financial impropriety is occurring.
• File a Complaint: If you believe your lawyer’s financial discrepancies are indicative of malpractice or ethical violations, consider filing a complaint with the appropriate legal authority or bar association.

Practical Steps: Protecting Yourself

If you suspect that your lawyer might be selling you out, consider the following steps:

Gather Evidence

One of the first steps to protect yourself when you suspect your lawyer is not acting in your best interest is to gather evidence. Document any instances or behaviors that seem suspicious or raise doubts about your lawyer’s integrity. This evidence will be crucial if you need to take legal action against your attorney in the future.

Evidence Gathering Checklist:

• Keep a detailed record of all communication with your lawyer, including emails, letters, and phone calls.
• Take notes during meetings and conversations, noting any promises or commitments made by your lawyer.
• Save any documents related to your case, such as contracts, court filings, and legal bills.
• Collect evidence of missed deadlines, failure to communicate, or any actions that may negatively impact your case.

Seek a Second Opinion

Consulting another lawyer for a second opinion is a prudent step when you have concerns about your current legal representation. An unbiased perspective can help you gauge whether your doubts are justified and whether your lawyer’s actions align with legal norms.

Steps for Seeking a Second Opinion:

• Research and identify a qualified and experienced attorney in the relevant legal field.
• Schedule a confidential consultation with the new attorney to discuss your case.
• Provide the new attorney with all relevant documents and information about your ongoing legal matter.
• Ask for their assessment of your current lawyer’s actions and whether there are grounds for concern.
• Evaluate the second attorney’s feedback and recommendations to make an informed decision.

Address Your Concerns

Open and honest communication with your lawyer is crucial when you suspect wrongdoing. It is possible that there may be misunderstandings or issues that can be resolved through dialogue.

Steps for Addressing Your Concerns:

• Schedule a meeting with your current lawyer to discuss your apprehensions and doubts.
• Present your concerns calmly and clearly, referring to the evidence you have gathered.
• Request explanations for any actions or behaviors that have raised doubts.
• Listen attentively to your lawyer’s response and assess whether their explanations satisfy your concerns.
• Document the conversation and any commitments or agreements reached during the meeting.

Know Your Rights

Understanding the ethical standards that lawyers should adhere to is essential for protecting yourself. Lawyers are bound by a code of professional conduct, and knowing your rights as a client empowers you to hold your lawyer accountable.

Key Ethical Standards for Lawyers:

• Duty of loyalty: Lawyers must act in the best interests of their clients and avoid conflicts of interest.
• Competence: Lawyers should provide competent and diligent representation to their clients.
• Communication: Lawyers should maintain open and honest communication with their clients, keeping them informed about their cases.
• Confidentiality: Lawyers are required to keep client information confidential and not disclose it without permission.

Consider Changing Lawyers

If your concerns about your current lawyer persist and you believe your doubts are valid, it may be time to consider changing legal representation. Your legal rights and the success of your case should be your top priorities.

Steps for Changing Lawyers:

• Consult with the new attorney you previously sought a second opinion from or find a new attorney through referrals or research.
• Inform your current lawyer of your decision to terminate their services in writing, following any contractual obligations or notice periods.
• Work with your new lawyer to transfer your case files and ensure a smooth transition.
• Keep copies of all communication and agreements related to the change of representation.
• Evaluate the performance of your new attorney carefully to ensure your legal needs are met.

Conclusion

Understanding how to know if your lawyer is selling you out is key to maintaining your rights and ensuring that you receive fair and competent legal representation. Always be vigilant, trust your instincts, and remember that you have the right to seek the best possible representation for your legal matters.

FAQ

Q: What should I do if I think my lawyer is selling me out?

A: Start by documenting any suspicious behavior, seek a second opinion, and consider discussing your concerns with your lawyer.

Q: Can a lawyer be penalized for selling out a client?

A: Yes, lawyers can face disciplinary actions, including disbarment, for ethical violations.

Q: How often should my lawyer update me about my case?

A: Regular updates are standard practice. The frequency should be agreed upon in your initial consultation.

Q: Is it normal for a lawyer to have friendly relations with opposing counsel?

A: Professional relationships are normal, but they shouldn’t compromise your lawyer’s ability to represent you effectively.

Q: What are the signs that my lawyer is genuinely committed to my case?

A: A committed lawyer is communicative, transparent, and shows a deep understanding of your case.

The post Is Your Lawyer on Your Side? Learn How to Identify Indicators That They Could be Betraying You appeared first on DSLaw.

Police are allowed to:

– Stop your vehicle when they have probable cause to believe that you have committed a traffic infraction or a reasonable suspicion that you have committed a crime. Common traffic infractions are speeding, running a stop sign or red light, reckless driving, driving with an expired safety, and driving with overly tinted windows.

– Conduct sobriety checkpoints aka DUI roadblocks in 38 states including Hawaii, provided they follow minimum standards such as stopping vehicles in a specified numerical sequence, limiting the roadblocks to three hours in a fixed location, and complying with safety standards.

– Engage in ”reasonable” searches and seizures. To prove a search is reasonable, police must show there is reason to believe that it is more likely than not a crime has occurred, and a search would uncover evidence of the crime.

– Use first-hand information or a tip from an informant to justify a search. If a tip from an informant is used, the police must prove that the information is reliable under the circumstances.

– Seize evidence when there is no “legitimate expectation of privacy” such as if a suspect leaves personal items in plain view.

Police are NOT allowed to:

– Pull you over if they suspect, but have no probable cause to believe you are committing a crime. For example, if you are seen exiting a bar in the middle of the night, police cannot simply stop you on suspicion of DUI unless they believe you have committed a traffic violation or other criminal act.

– Set up roadblocks for the purpose of finding illegal drugs because conducting suspicion-less searches for the general interest in crime control is a violation of your Fourth Amendment rights.

– Search you or your property without permission from you, a warrant, or probable cause that you have or are committing a crime. However, if your car has been confiscated by the police, they may search it.

– Stop and frisk you unless they have a reasonable suspicion that you are involved in a criminal activity. If they have reasonable suspicion, police are allowed to pat down your outer clothing.

– Use evidence against you in a trial if it was obtained through an unreasonable or illegal search. They also may not use evidence resulting from an illegal search to find other evidence. However, there is an exception to this. If you are stopped illegally and are found to have a warrant out for your arrest, then any evidence found can be admissible because the illegal police stop is sufficiently attenuated by the outstanding warrant.

Now that you have an idea of what officers are and are not allowed to do when it comes to police stops, searches, and seizures, test your knowledge with these situations.

Example: Casing the Joint

A plainclothes officer on patrol notices two men who take turns repeatedly walking a short distance in front of some stores and looking in the same store window before walking back in the direction where they came from to confer with each other. This pacing, peering, and conferring continues for about a dozen times. A third man meets them, engages in a brief conversation, leaves, and then later returns to talk in front of the store they were eyeballing.

The officer, who has now been watching them for over ten minutes, suspects the men of checking out the store in preparation to rob it. He approaches them, identifies himself as a police officer and pats down the outer clothing of all three men. He discovers guns on two of the three men. Unable to remove the gun from the overcoat pocket of one of the men, the officer has to remove the overcoat completely in order to confiscate the gun.

The two men were charged with carrying concealed weapons. The prosecution filed a motion to suppress the guns, saying that they were seized following a search incident to a lawful arrest.

Question: Was this stop legal? Was the officer justified in searching the men?

Answer: Yes and yes. Terry v. Ohio (1968) was the landmark United States Supreme Court case which held that the Fourth Amendment is not violated when a police officer stops a suspect on the street and frisks him or her without probable cause to arrest. The officer only has to have a reasonable suspicion (“whether a reasonably prudent man, in the circumstances, would be warranted in the belief that his safety or that of others was in danger”) that the person has committed, is committing, or is about to commit a crime and have a reasonable belief that the person “may be armed and presently dangerous.”

The court ruled that based on his experience and the defendants’ suspicious actions, Officer McFadden had reason to believe the defendants might be preparing to commit a robbery. Officer McFadden also had reason to believe the defendants might be armed, so patting down their outer clothing was allowed to protect himself and others from possible harm.

In this case, the defendants clearly demonstrated suspicious behavior, which the officer observed from a distance for several minutes. However, these stop-and-frisk searches are controversial and constantly being criticized for being arbitrary and discriminatory.

Example: Crime Control Checkpoint

A roadblock is set up and police stop a predetermined number of vehicles and officers do not stop any vehicle out of sequence. At least one officer approaches the vehicle, advises the driver that he or she is being stopped briefly at a drug checkpoint, and asks the driver to show their license and registration. The officer looks for signs of impairment and conducts an open-view examination of the vehicle from the outside, while another officer walks a narcotics detection dog around the outside of each stopped vehicle. Unless there was reasonable suspicion or probable cause of wrongdoing, stops took no longer than five minutes.

Question: Were these stops legal?

Answer: No. In Indianapolis v. Edmond (2000), the court found that because the checkpoint program’s primary purpose is indistinguishable from general interest in crime control, the checkpoints violate the Fourth Amendment.

In other cases, the court has ruled that checkpoints designed to remove drunk drivers from the road are allowed. The statistics against drunk drivers show astounding figures of fatal accidents, personal injuries, and property damage are caused every year. The state’s interest in preventing accidents caused by drunk drivers compared to the slight measure of the intrusion on motorists was enough to warrant the stops. Checkpoints designed to intercept illegal aliens and those to verify driver’s licenses and registrations have also been found to be reasonable under the Fourth Amendment.

Example: In Plain Sight

An officer sees a student leave a dorm room carrying a bottle of alcohol and stops him because he appears to be under 21. The student does not have his ID and has to get it from his room. The officer follows the student to his room and, while standing in the open doorway, sees what appears to be marijuana seeds and a pipe.

Question: Was the officer allowed to follow the student to his room? Was the officer allowed to seize contraband?

Answer: Yes and yes. In the case of Washington v. Chrisman (1982), the court held that it was reasonable for the officer to follow the suspect and was not considered an invasion of privacy. Since the marijuana seeds and pipe were in plain view of the officer, he was allowed to take the contraband and the evidence was admitted at trial.

Example: Suspected Drug House

Police received an anonymous tip about drug activity at a residence, so a narcotics detective conducted intermittent surveillance of the home over the course of a week. During this time, the detective noticed visitors who would leave after only a few minutes. These short visits were frequent enough to raise the detective’s suspicions that the occupants were dealing drugs, so he decided to stop one of the visitors. After checking his ID and finding the man had an outstanding warrant for a traffic violation, the detective searched him, finding a bag of methamphetamine and drug paraphernalia.

Question: Was the stop legal? Should the evidence be allowed in court?

Answer: No and yes. The recent case of Utah v. Strieff (2016) did find that the police stop was illegal because the officer lacked reasonable suspicion of a crime and instead wanted to find out what was going on inside the house. Normally, any evidence recovered by an illegal police stop is known as “fruit of the poisonous tree” and suppressed from being used in court to discourage police misconduct. However, the U.S. Supreme Court has now created an exception that allows evidence from an illegal police stop if the suspect has an outstanding warrant because the search becomes incident to the arrest and is therefore lawful.

Get Your Free Consultation by a Criminal Defense Attorney

If you’re facing criminal charges, all the little details of case are your important. An experienced criminal defense lawyer will be able to examine the facts and determine whether the police followed proper procedure. If there are problems with how you were stopped or how evidence was obtained, this could make a very big difference in the outcome of your case. A good attorney can make all the difference, so don’t hesitate to get in touch with us right away for your free initial case consultation.

The post When Police Stops/Seizures Are Illegal appeared first on DSLaw.

When is force justified in Hawaii?

A person is allowed to use self-defense when they believe that such force is immediately required to protect him or herself against the use of unlawful force by an assailant. Force can be used to protect another person when the defender believes that the intervention is necessary for the protection of the other person.

The use of deadly force may be used to protect against death, serious bodily injury, kidnapping, rape, or forcible sodomy. If a person uses deadly force to stop an attack, he must have had a reasonable basis for fearing for his life, such as an attacker who was threatening with a gun or another deadly weapon or acting in a way that could cause serious bodily harm or death.

Self-defense laws do not allow any act of violence simply because another person threatened an attack or struck the first blow. Someone who is being attacked or threatened with imminent attack is first required to retreat without taking any physical action, if possible, and if retreat is not possible, to only use the amount of force reasonably necessary to fend off the attacker.

The justification of self-defense no longer applies when the attacker is retreating or if force continues past the point of defense and turns into an act of retaliation or revenge. The use of force cannot be used to resist arrest made by a law enforcement officer, even if the arrest is unlawful.

How much force am I entitled to use?

If you have reason to fear for your personal safety and cannot escape, you are entitled to use a reasonable degree of force to protect yourself and the people around you. A reasonable degree of force is different for every scenario but is measured in proportion to the force or threatened force that you are faced with. In other words, the judge and/or jury have to decide whether a sane person in the same circumstances would be frightened and act as the defendant did.

Self-defense using a gun

The main question with the act of brandishing or using a gun is whether gun use was reasonable or reasonably necessary in that situation. A victim cannot automatically shoot an attacker who hits or punches the victim without trying to fend him off physically because this would be using more force than was reasonably necessary to stop the attack.

If an aggressor waives or shoots a gun, pulling a gun or shooting back usually will be considered self-defense. The factual details of every situation are crucial when it comes to questions of self-defense. In some circumstances, using a gun in self-defense may be justified even if the attacker does not have a gun. For example, if an attacker has another deadly weapon such as a knife or a baseball bat and the victim can’t access any other weapon for protection, using a gun may be considered reasonable.

Even if an assailant does not have a weapon but is threatening or already attacking a victim with his hands or other body parts, a victim also might be justified in showing a weapon and warning that he will shoot, provided the victim can prove that the gun was shown in self defense to get the attacker to back off.

Castle Doctrine

There is an exception to the rule that a victim must try to retreat first before using self defense. People who are under attack in their own homes are not obligated to retreat or try to escape, even if they can do so safely. Instead, they can typically “stand their ground” and use force to protect themselves if they are in apparent danger of serious injury.

What to do following an attack

Contact the police as soon as possible after the attack. Try to remember all the details you can since you will need to provide a full account of the incident so that the attacker can be found and charged.

If the police believe you used too much force in defending yourself, you may be charged with assault. If you are charged with an offense after attempting to defend yourself or someone else, immediately consult a lawyer who is familiar with the criminal law in your state. If you used a gun in self-defense, an attorney should be contacted regardless of whether you have been charged with a crime. If you used force to protect yourself from an attack, contact experienced Criminal Defense Attorney Calvin Guetta to discuss your self-defense case.

The post How to Legally Defend Yourself Against an Attacker appeared first on DSLaw.

The Hawaii prison system includes four prisons and four jails, plus a contract private prison in Arizona. The state prisons include Halawa Correctional Facility, Waiawa Correctional Facility, and Women’s Community Correctional Center which are all located on Oahu and Kulani Correctional Facility on the Big Island. Hawaii Community Correctional Center, Kauai Community Correctional Center, Maui Community Correctional Center, and Oahu Community Correctional Center are county-based jails that hold pre-trial detainees, locally-sentenced misdemeanant offenders, and those with a sentence of one year or less.

Old and Overcrowded Prisons

Hawaii’s prisons suffer from two major problems: they are overcrowded and the facilities are in desperate need of repair. As of March 2016, 4,634 inmates were crammed into space designed to house 2,491.

One of Gov. Calvin Ige’s top legislative priorities was to finance the relocation of the crumbling 100-year-old Oahu Community Correctional Center. House Bill 2388 and Senate Bill 2917 were introduced to allow the administration to pursue a number of different options to quickly obtain the funds, including using a sale of $489 million worth of general obligation bonds. However, lawmakers couldn’t agree on how much money should be allocated for the relocation and where the new facility should be built, so the bills are essentially dead for this legislative session. Plus any plan to build a new prison would have to wait for OCCC’s replacement, estimated to take at least five to seven years.

Halawa Correctional Facility deals with the most difficult inmates that other prisons in Hawaii or on the mainland won’t take: those with medical problems, the mentally ill, and inmates serving life terms who don’t behave. The facility was built to hold one inmate per cell, around 500 inmates, but they are currently overcapacity with 1,124 beds and sometimes a third inmate sleeps on the floor.

Halawa is nearly 30 years old and needs upgrades in order to keep functioning. Every lock and door throughout the prison has to be replaced or it risks another system breakdown like it experienced in the fall of 2014. In addition, millions of dollars must be invested into the plumbing system, which consistently has backups and sewage leaks, shutting down cells, further contributing to overcrowding.

The lock replacement project, which is forecasted to cost $10 million, was originally scheduled to start in March 2016, but since prisons officials plan to do the lock and plumbing repairs simultaneously, the improvements won’t get underway until next October. Upgrades will take over a year to complete, and 250 prisoners will need to be sent to a privately-run prison in the mainland, to free up space during the repairs, costing another $6 million.

Hawaii’s Out-of-State Prisoner

Because there is only so much room available in our already-packed jail cells, Hawaii has to ship overflow, currently almost 1,400 inmates or about a quarter of its overall inmate population, to the mainland. Often, the best-behaving prisoners — those with no disciplinary record, escape history, or medical issues — are the most likely to be sent an ocean away from home.

Hawaii first began sending inmates to mainland prisons in 1995 as a “short-term solution to chronic overcrowding,” when beds were secured in a privately run Texas facility. Over the years, Hawaii expanded the practice, sending thousands of prisoners to 14 facilities across eight states. Today, the state sends all its overflow prisoners to Saguaro Correctional Center, a medium security facility in Arizona which was opened specifically for Hawaii in 2007.

A Vicious Cycle

Keeping prisoners out of state creates a number of different problems for the inmate and their loved ones. For one, it’s difficult for them to file appeals and take care of their legal needs, that need to be done within a timely manner, because it takes longer than usual to get their hands on the forms and information needed.

Multiple studies have found that prisoners who maintain close ties with family, friends, and others from home are far less likely to commit additional crimes, but Saguaro is not merely a drive away or couple hundred dollar ticket to another island. Mahealani Meheula, whose boyfriend and nephew are both inmates at Saguaro, estimates the average cost of visiting Saguaro by herself is $1,000 to $1,200, or about six months of her savings. Meheula also pre-pays for phone calls from prison for about $100 a month, but some families in Hawaii pay up to $300 per month.

Since potential employers, landlords, and social service providers are thousands of miles away, planning to re-enter society is also more challenging for out-of-state inmates. All of these hardships increase the likeliness that these prisoners will assume a criminal identity and continue to commit criminal acts once released.

The Cheaper Option

Saguaro is run by for-profit company Corrections Corporation of America (CCA). In the state’s current contract, signed in 2011, Hawaii pays CCA $70.49 a day per prisoner at Saguaro, compared with an average of $140 a day for an inmate at any of the four prisons back home.

Caroline Isaacs, program director of the American Friends Service Committee in Tucson, Arizona, pointed out that this lower rate creates a dependent situation that’s very dangerous.

“This gets to the heart of one of the problems you have in Hawaii: They have nowhere else to go. If you want to incarcerate people at the same rate that you have been, you’re stuck,” Isaacs said.

Despite having a history of problems, including three murders of inmates from Hawaii, the Hawaii Department of Public Safety is expected to sign a new contract with CCA very soon, as it was the sole bidder to meet Hawaii’s private prison needs.

The Good News

In hopes of reducing incarceration of low-level, nonviolent offenders and bringing back prisoners from the mainland, former Gov. Neil Abercrombie signed the Justice Reinvestment Initiative (JRI) into law back in 2012. JRI is a federally backed program that has seen success in other states and was projected to lead to a reduction of over 1,000 inmates by 2018. Although Hawaii’s overall inmate populations has only gone down 35 since 2012, as part of this effort, the state reinvested $10.6 million to expand the availability of community-based treatment programs, hire additional corrections staff and parole officers to complete risk and needs assessments and support reentry efforts, and hire research and planning staff.

The Hawaii Department of Public Safety, under the direction of Nolan Espinda, an aggressive recruiting campaign has been implemented to fill shortages at all of Hawaii’s correctional facilities. As a result, visiting privileges have not had to be canceled in over a year, and programs that reduce recidivism, including rehabilitative programs, educational classes, and religious services, have expanded.

Another positive effort, one that has worked to prevent those from going or returning to jail, is the Hawaii Opportunity Probation With Enforcement (HOPE) Program started by Hawaii state court Judge Steven Alm to reduce drug use, crime rates, and incarceration.

While HOPE focuses on keeping those on probation out of jail, the Big Island is working on reducing incarceration rates by successfully reintegrating offenders back into society with employment training programs, peer support programs, job fairs, family reunification programs and other services.

How We Can Fix Hawaii’s Prison System

Although it would be nice to have correctional facilities in good working order, it seems the best way to remedy overcrowding, and the resulting structural problems that come from overuse, is to have less prisoners.

This is not to say people shouldn’t go behind bars when they deserve it, but that we need to identify when jail time isn’t the best option and also provide community support to those reintegrating back into society so that they don’t relapse into their familiar habits.

When the Council of State Governments Justice Center analyzed Hawaii’s criminal justice system, they identified key issues and made the following recommendations for improvements.

– Reduce delays in the pretrial process

Extensive delays in the pretrial process increased the average length of stay for pretrial detainees. Utilizing a quick but objective risk assessment within three days of admission to jail would determine who should remain in jail to await trial and who should be released to supervision in the community.

– Make paying bail easier

Hawaii’s average length of stay for pretrial detainees ultimately released on money bail is 32 days compared to an average of 12 days in many mainland locations. Bail should be available to pay 24 hours a day, 7 days a week and methods of paying bail should be expanded.

– Reduce probation terms for certain types of offenses

Probation length should be capped at three years for Class B/C felony offenses because spending less time monitoring low and medium risk probationers and parolees who have complied with their conditions of supervision allows resources to be focused on those who are more likely to reoffend and need closer monitoring.

– Require the Hawaii Paroling Authority to base programming requirements and release decisions on the results of an objective risk assessment

Objective risk assessment instruments have proven to be more effective than individual judgment in identifying an individual’s risk of reoffense. Objective risk assessment would also allow for the most effective parole plan for each parolee and minimize the chances of a high-risk individual being prematurely released back into society.

– Release individuals identified as being at low risk for recidivism at the end of their minimum sentence

Low-risk individuals would not benefit from further imprisonment beyond the minimum sentence and granting parole to these individuals would allow more focus on high-risk inmates.

– Limit the term of reincarceration for first-time violations of conditions of parole

Limiting the length of stay to six months for parole violators who are not charged with new crimes can ensure more appropriate and effective consequences.

– Allow judicial discretion in sentencing second-time felony drug possession offenses

Currently, a judge must give mandatory sentencing for second-time drug possession. Judges should have discretion in second-time felony drug possession cases to consider the circumstances of each individual case to determine whether probation or prison would be the most effective rehabilitative path.

– Raise the felony theft threshold

The current felony theft threshold in Hawaii, at $300, is among the lowest in the country, with the average above $700. Raising the felony theft threshold to $750 will prevent lower-level offenders from receiving a felony charge that will have more lasting negative consequences.

– Ensure a minimum period of supervision for all people convicted of felony offenses leaving prison

Mandatory parole supervision would require that discharged individuals meet certain conditions and maintain contact with a parole officer to receive assistance in transitioning back to the community, reducing the risk of repeat offenses.

– Improve victim restitution collection and increase payments to victims

Increasing victim restitution collection to 25 percent of all funds deposited into an inmate account will ensure accountability and help restore financial losses to victims.

The post Hawaii’s Prison System appeared first on DSLaw.

Family Court TRO

Someone has filed a “Temporary Restraining Order” against you. This request is done “ex parte.” In other words, the Judge that reviews this request is allowed to grant this temporary order without any information from you. The order is temporary in nature and cannot continue without a hearing.

As your lawyer, we will discuss in detail the facts and circumstances surrounding your case prior to your hearing. I will review all of the documentation that you have provided and conduct any factual or legal research that your case demands.

The hearing in this matter is set within fifteen (15) days of the date that the Temporary Restraining Order was filed. At that hearing the Petitioner [person who brought the TRO against you] has the burden of proving their case against you. That person must be a family or household member as defined by law. They must show by preponderance of the evidence that there was “domestic abuse”. “Domestic Abuse” means physical harm, bodily injury, assault, or the threat of imminent physical harm, bodily injury , or assault, extreme psychological abuse or malicious property damage. “Extreme Psychological Abuse” means an intentional or knowing course of conduct directed at that person that seriously alarms or disturbs consistently or continually bothers that person, and that serves no legitimate purpose; provided that the course of conduct would cause a reasonable person to suffer emotional distress. “Malicious Property Damage” means an intentional or knowing damage to the property of another, without their consent, with an intent o thereby cause emotional distress. Should the Petitioner succeed in proving their case, the Court will impose an injunction against you. That injunction usually involves an order that you not contact the petitioner or go to their place of residence or business. It would further require that you attend a domestic violence class. A violation of the restraining order will result in your arrest and further criminal charges. The Court will dismiss the petition against you if they fail to prove their case.

Please understand that many hearings are scheduled on each hearing date. The hearing may or may not proceed on the scheduled hearing date. It is typical for you to wait for your case to be called. As your lawyer, we can discuss this scheduling during our meetings.

If you have children with the petitioner the Court will probably issue “temporary” orders regarding custody of those children. These orders are not permanent and can be reviewed at a custody hearing before a different judge.

District Court Temporary Restraining Order

Much of the process is the same as in family court.

The hearing in this matter is set within fifteen (15) days of the date that the Temporary Restraining Order was filed. At that hearing the Petitioner [person who brought the TRO against you] has the burden of proving their case against you. They must show by clear and convincing evidence that an act of harassment has occurred. Harassment is defined in two ways. First is physical harm, bodily injury, assault, or the threat of imminent physical harm, bodily injury, or assault. Second is to prove an intentional or knowing course of conduct directed at that person that seriously alarms or disturbs consistently or continually bothers that person, and that serves no legitimate purpose; provided that the course of conduct would cause a reasonable person to suffer emotional distress. Should the Petitioner succeed in proving their case the Court will impose an injunction against you for up to three years. That injunction usually involves an order that you not contact the petitioner or go to their place of residence or business. A violation of this order will result in your arrest and further criminal charges. Should the fail to prove their case the Court will dismiss the petition against you. You are free to pursue attorney’s fees and costs associated with your defense. I will not be pursuing those fees and costs pursuant to this agreement.

Legal Advise

You should contact an attorney, such as myself, to discuss the issues surrounding the issuance of a temporary restraining order. For instance, many times the allegations made are also criminal and therefore any statement that you make may be used against you if you are prosecuted criminally. There are other issues that you need to consider when dealing with this type of case. Please contact us for a free initial consultation. Remember that this consultation is done in person and is completely confidential.

The post Temporary Restraining Order appeared first on DSLaw.

For anyone facing criminal charges who can afford an attorney, the question, “Is it worth it to hire my own lawyer or should I go with a public defender?” probably comes to mind.

Public Defenders are all licensed attorneys and members of the Hawaii State Bar. Public Defender lawyers work only in the criminal law field and are constantly in court advocating for their clients, so they are very experienced. In fact, many Public Defenders have been recognized as some of the best criminal defense attorneys in the state.

Despite being paid by the government, Public Defenders are sworn to defend each client’s constitutional rights. The Office of the Public Defender will provide legal services to anyone who is financially unable to obtain a private attorney and is facing criminal charges that may result in jail time. They cannot represent you on traffic violations, criminal violations, in administrative license revocation proceedings, or in civil TRO hearings.

Deputy Public Defenders work as a team on cases, which means most clients will have multiple attorneys as well as investigators and other support staff helping with their defense. You cannot discharge a Public Defender if you simply don’t like them. The court will only assign you to a different Public Defender if there is a legitimate complaint about the lawyer’s performance. If you hired a private lawyer, you always have the right to discharge that lawyer and hire alternate counsel at any time.

One of the main differences between a Public Defender and a private lawyer is their caseload. It is part of the nature of the Public Defender’s job to handle a large caseload. As explained in this MauiTime article, the Office of the Public Defender gets especially bogged down during a downturn in the economy.

If you have lots of questions and value having in-person meetings to discuss the ins and outs of your case, hiring an experienced attorney is probably going to make you feel the most comfortable. This does not mean that hiring a criminal defense lawyer will guarantee you a better outcome than a Public Defender. It may be worth talking to different criminal defense attorneys before picking someone to represent you in court. However, make sure you talk to an experienced lawyer about your case right away.

The post Public Defender Vs. Criminal Defense Attorney appeared first on DSLaw.

Hawaii Community Correctional Center is more than 85 percent over capacity. Built 43 years ago with only 22 beds, HCCC added 200 more beds over time, but still struggles to house its 425 inmates.

With 301 beds for about 470 inmates, Maui Community Correctional Center is almost 60 percent over capacity.

Prisons in Hawaii

Kauai Community Correctional Center is 48 percent over capacity with 200 inmates to 128 beds. Inmates are housed in structures that were used as temporary shelters during Hurricane Iniki.

OCCC, the state’s largest jail located on Oahu, is the least overcrowded but it is still running approximately 25 percent over capacity with 1,100 inmates for its 954 beds.

Operating correctional facilities over capacity is expensive. According to a study by Vera Institute, in 2015, Hawaii’s prison population was 6,063. Each inmate cost an average of $29,425 with personnel comprising the biggest part of state prison expenditures.

Overcrowding is also known to cause unsanitary living conditions, spread illnesses and diseases, create stress, and result in more violence and prison riots. In order to accommodate more beds, the state had to take space away from inmate services, thus furthering tension between inmates. Overcrowding and recurring lockdowns were to blame for a riot at Oahu Community Correctional Center that ended up injuring three correctional officers in September 2017.

In January 2017, the American Civil Liberties Union (ACLU) of Hawaii filed a complaint to the U.S. Justice Department, alleging that severe overcrowding and underfunding in seven of the state’s nine jails was causing health and safety risks.

In 2018, the State Legislature announced the release of $37.5 million for neighbor island correctional facilities. Big Island and Kauai are set to receive $15 million each, with $7.5 million set aside for Maui. An additional $40 million was budgeted to finish construction of the new women’s prison, which is expected to free up space OCCC.

While help to Hawaii’s overcrowding in prisons and jails is on the horizon, construction will likely not start until at least 2020. In the meantime, increasing the use of electronic monitoring devices has been suggested a way to alleviate overcrowding and expenditures.

Why Hawaii’s Prisons Need an Overhaul

When it comes to the United States criminal justice system, Hawaii may not be the first state that comes to mind. But the state’s prisons are in desperate need of change. Though Hawaii has one of the lowest incarceration rates in the country, its prisons are overcrowded, understaffed, and frequently cited for inhumane conditions. In this blog post, we’ll take a closer look at why Hawaii’s prisons need an overhaul, and what can be done to improve them.

Hawaii’s prisons are some of the most overcrowded in America

Overcrowding: Hawaii’s prisons are some of the most overcrowded in America. As of late 2020, the state’s prison system was at 144.9% of capacity. That means inmates are crammed into small cells that are often designed to hold fewer people. Overcrowding can lead to violence among inmates and staff, unsanitary conditions, and inadequate medical care. In addition, it makes social distancing impossible during pandemics like COVID-19.

Staffing shortages: Hawaii’s prisons are also severely understaffed. As of January 2021, there were over 400 vacant positions in the state’s prison system. This means that the remaining staff is overworked, stressed, and unable to provide the level of care and attention that inmates need. It also makes it easier for contraband to make its way into the prison, which can exacerbate existing issues like drug addiction and violence.

Inhumane conditions: Hawaii’s prisons have been criticized for their inhumane conditions. In 2015, the ACLU filed a lawsuit against the state’s prison system for its treatment of mentally ill inmates. The lawsuit alleged that the prison system routinely forced mentally ill inmates into solitary confinement, deprived them of basic necessities like food and water, and failed to provide adequate medical care. The suit was settled in 2018, but similar issues persist in Hawaii’s prison system to this day.

Recidivism: One of the biggest problems with Hawaii’s prison system is its high rate of recidivism. According to a 2017 report from the Hawaii Department of Public Safety, nearly 60% of inmates released in Hawaii were rearrested within three years. This indicates that the current system is not working to rehabilitate inmates or prepare them for life after prison. Addressing the underlying issues that lead to criminal behavior, such as addiction and mental illness, would go a long way in reducing recidivism rates.

Solutions to Hawaii’s prison crisis

Solutions: There are many possible solutions to Hawaii’s prison crisis. One is to reduce the number of people in prison by addressing the root causes of criminal behavior, such as drug addiction and poverty. This can be done by providing better access to mental health care, drug treatment programs, and education and job training. Another solution is to invest in more staff and resources for the current prison system, so that inmates can receive the care and attention they need. Finally, Hawaii could consider alternatives to incarceration, such as restorative justice programs and community-based sentencing, which have been shown to be effective in reducing recidivism rates.

Hawaii’s prison system is in desperate need of change. Overcrowding, staffing shortages, inhumane conditions, and high recidivism rates are just a few of the problems that need to be addressed. By investing in alternative solutions and addressing the root causes of criminal behavior, Hawaii can reduce its reliance on prisons and provide better outcomes for both inmates and society as a whole.

The post Hawaii Prisons and Jails Are Bursting appeared first on DSLaw.

• Conducting reviews and hearings related to the administrative revocation of driving privileges of respondents arrested in violation of HRS, §291E-61 or §291E-61.5 for operating a vehicle while under the influence of an intoxicant.
• Issuing review and hearing decisions, and determining the period of revocation to be imposed.
• Maintaining a record of all reviews, hearings, and decisions, and making such data available to related agencies.

Nestled in the heart of the Pacific, ADLRO Hawaii beckons with its pristine landscapes, vibrant culture, and an enchanting blend of tradition and modernity. As we delve into the secrets of this tropical haven, let’s explore why ADLRO Hawaii stands out and why it’s a must-visit destination for those seeking an unforgettable experience.

Unveiling the Beauty: ADLRO Hawaii boasts a kaleidoscope of natural wonders, from breathtaking beaches to lush rainforests and volcanic landscapes. The diverse geography makes it a playground for adventurers and nature enthusiasts alike. Whether you’re drawn to the sparkling shores of Waikiki or the surreal landscapes of Haleakalā, ADLRO Hawaii promises an unparalleled visual feast.

Cultural Riches: Beyond its natural beauty, ADLRO Hawaii is a melting pot of cultures, blending the ancient traditions of the native Hawaiian people with influences from Asia, Europe, and the Americas. Visitors can immerse themselves in hula performances, luaus, and traditional ceremonies, gaining a deeper understanding of the island’s rich history.

Activities and Attractions: ADLRO Hawaii offers an array of activities catering to every taste. Snorkeling in the crystal-clear waters, hiking the scenic trails, or embarking on a whale-watching excursion – the options are as diverse as the islands themselves. Adventure seekers can test their skills with water sports, while those seeking relaxation can indulge in world-class spas and serene sunsets.

Culinary Delights: No visit to ADLRO Hawaii is complete without savoring its culinary treasures. From traditional Hawaiian dishes like poke and lomi-lomi salmon to fusion delicacies that showcase the island’s diverse influences, the local cuisine is a journey for the taste buds. Explore local markets, indulge in a traditional luau feast, and discover why ADLRO Hawaii is a paradise for food enthusiasts.

Practical Tips for Your Trip: To ensure your ADLRO Hawaii adventure is seamless, consider these practical tips:

1. Island Hopping: Explore multiple islands to fully appreciate the diversity of landscapes and cultures.
2. Timing is Key: Plan your visit during the off-peak season for a more intimate experience and better rates.
3. Respect the Aina: Embrace the Hawaiian concept of “malama ka aina” – caring for the land – by practicing responsible tourism.
4. Local Experiences: Engage with locals, attend community events, and support local businesses to gain an authentic Hawaiian experience.

**As of August 1, 2015, the ADLRO moved to:

1001 Bishop Street
American Savings Bank Tower
Fifth Floor, Suite 500
Honolulu, Hawaii 96813

The post The Administrative Driver’s License Revocation Office (ADLRO) appeared first on DSLaw.