Harrison & MatsuokaFindLaw IM Template2024-03-25T12:01:57Zhttps://www.hamlaw.net/feed/atom/WordPress/wp-content/uploads/sites/1302649/2022/04/cropped-site-icon-32x32.pngOn Behalf of Harrison & Matsuokahttps://www.hamlaw.net/?p=472952024-03-25T12:01:57Z2024-03-25T12:01:57ZWhat you should and shouldn’t do if you’re arrested
When you’re arrested, there are things you should and shouldn’t do to protect your interests. Here are some things you shouldn’t do when you’re arrested:
You shouldn’t resist arrest, as doing so could lead to additional criminal charges.
You shouldn’t talk about your case with others who can later be subpoenaed by prosecutors to testify against you.
You shouldn’t consent to a search that would lead to the discovery of incriminating evidence.
You shouldn’t provide the police with the passcode for your phone.
But there are certain actions you should take when you’re placed under arrest. This includes doing the following:
Asking for a phone call as quickly as possible so that you can contact your attorney.
Trying to remain calm and refrain from giving into the sneaky tactics the police use to try to get you to talk.
Documenting everything you can about your arrest.
Avoiding doing anything that could incriminate you.
Protect your rights after your arrest and build an aggressive criminal defense
Your criminal defense starts before you’re even arrested. So, if the police come looking for you, you need to be ready to get to work building your case. If that’s something that you want help with, then consider securing the advocacy you need to fully protect your interests.
]]>On Behalf of Harrison & Matsuokahttps://www.hamlaw.net/?p=472942024-03-14T17:15:14Z2024-03-12T17:14:38Zbreach of contract, in essence, is when one party fails to meet the terms of the agreement. In some cases, these can be very minor, resulting in little to no issues when it comes to the purpose of the contract. However, a major breach of contract could cause significant financial damages along with other damages that could impact a business in many ways.
What constitutes a breach?
In order for there to be a breach, three requirements must be met. This includes a valid contract, performance by one party and damages suffered by the performing party. A breach may be claimed if the breaching party failed to perform their obligations on time, failed to perform at all or failed to perform in accordance with the terms of the agreement.
It is important to note that the above conduct does not automictically mean that the non-breaching party was harmed. In other words, for there to be a breach of contract, the breach must be material. A material breach is necessary for the harmed party to have grounds to file a legal action.
Remedies
The resolutions and remedies for a breach of contract are often specific to the contract and type of breach. However, there are common remedies available to those harmed by a breach of contract. This includes damages, specific performance and cancellation and restitution.
In some cases, the contract may specify the damages awarded in the event of a breach. These damages often include compensatory damages, liquidated damages, nominal damages and punitive damages.
Entering a business contract may be a routine business dealing; however, it is also a business interaction or transaction that could be detrimental to your business if a breach occurs. Thus, it is important to be aware of the measures you could take to protect your business and the rights you have when it comes to filing a legal action.]]>On Behalf of Harrison & Matsuokahttps://www.hamlaw.net/?p=472932024-02-27T20:36:04Z2024-02-27T20:36:04ZWays to defend yourself against a white collar-crime prosecution
Regardless of how strong the prosecution’s case may seem, there may be effective criminal defense strategies available to you. Here are some that you might want to implement in your white-collar crime case to drive toward resolution:
Illegal seizure of evidence, such as when incriminating evidence is obtained in violation of your Constitutional rights protecting your home, car, and business from unreasonable searches and seizures.
You lacked the requisite intent necessary to obtain a conviction under the plead statutory offense.
The statute of limitations has run.
You were coerced to commit the offense in question, such as when you’re threatened with physical or financial harm if you don’t act.
The prosecution’s inability to prove every element of the charge.
Use an assertive defense to find favorable resolution
Even with some defense strategies on your side, the evidence might be overwhelming. Still, by developing a strong defense argument, you give yourself leverage at the negotiating table. As a result, you might be able to negotiate lighter charges with less severe penalties. You might even be able to convince prosecutors to drop the charges.
You have a lot of options as far as how to approach your white-collar crime case. That’s why now is the time to get to work figuring out the best path forward for you, your family and your future.]]>On Behalf of Harrison & Matsuokahttps://www.hamlaw.net/?p=472922024-02-14T21:50:51Z2024-02-16T21:49:10Z
Unreasonable searches and seizures: You have Constitutional protections against unreasonable searches and seizures. Generally speaking, this means that the police must have a warrant before searching your person, car, or home. While there are several exceptions to the warrant requirement, the police often misuse them. When this happens and the police conduct a warrantless search, your Constitutional rights have been violated. If you can point this out to a judge, then you’ll likely be able to block any evidence collected during an illegal search from being used against you in court.
Miranda rights: When you’re subjected to custodial interrogation, the police are required to inform you of your Miranda rights. This includes the right to an attorney and the right to remain silent. If the police fail to inform you of these rights prior to interrogation, then any incriminating statements that you make are obtained in violation of your rights. This means that you can then block those statements from being used at trial. Remember, though, that you only have to be informed of these rights if you’ve been taken into custody and are subsequently questioned. So, look out for the police trying to find ways to question you without having to inform you of your rights.
Due process: If criminal charges are levied against you, the U.S. Constitution requires that you be given due process. This means that you can be meaningfully heard in your case, and that you’ll be treated fairly. Far too often, though, due process violations occur, trampling your rights and putting you at risk of being wrongly convicted. This could happen when you have a biased judge, the prosecution fails to provide you with exculpatory evidence that could raise doubt as to your guilt, or the court erroneously admits illegally obtained evidence. You need to be on your toes and be prepared to call out these due process violations.
There’s a lot on the line when you’ve been charged with a criminal offense. To protect yourself as aggressively as you can, be sure to assess every criminal defense option available to you. By doing so, you might find several opportunities to attack the prosecution’s case, thereby giving yourself a chance of beating the charges levied against you. Hopefully then you can reclaim your normal life and put this dark chapter behind you.]]>On Behalf of Harrison & Matsuokahttps://www.hamlaw.net/?p=472912024-02-12T16:19:54Z2024-02-12T16:19:54Zgeneral definition of fraud is deceiving or lying to someone for financial or personal gain. There are various types of fraud including bank fraud, extortion, money laundering and wire fraud.
It is essential to have a strong defense strategy if you are accused of fraud to increase your chance of a dismissal.
Some common fraud defenses include:
Coercion
Lack of intent
Mistake
Coercion or threats
Sometimes people are coerced or threatened into committing fraud. This often happens in an employment situation.
For example, you may learn that your employer is committing fraud and confront your manager about it. They may threaten you with being fired or terminated if you do not participate in the fraudulent activity yourself.
Worse, they may physically threaten you or your family. Generally, the more serious the coercion or threat, the more likely it is to be a successful defense.
In the above example, losing your job might not be considered a sufficient threat to provide a defense, but harm coming to you or your family might be.
Lack of intent and mistake
Lack of intent is another potential defense. To be guilty of fraud, you must intend to commit the offense. If there is no evidence you committed the crime intentionally, such as accidentally using someone else's credit card, you could beat a fraud charge.
Mistake means that you are not the person who committed the crime. This defense is especially common in cases involving online crimes since the technology used to investigate the crime could mistakenly implicate you.
Additionally, online crimes sometimes involve many different victims and perpetrators, meaning someone being mistakenly identified as committing the fraud could happen.
You may learn you are being investigated for fraud before you are formally charged. It is important to take action quickly when you learn you are being investigated so that you do not do or say something that harms you and learn about any potential defenses.]]>On Behalf of Harrison & Matsuokahttps://www.hamlaw.net/?p=472902024-01-30T15:26:43Z2024-01-30T15:26:43Zdevelop standards for non-compete agreements based upon statutes governing competition and the use of confidential information.
A brief history
In 1976, the Hawaii Supreme Court ruled that an employer may impose a non-compete term on an employee if the term is “reasonable” and “ancillary to a legitimate purpose.” This formulation remained the law until 2022, when the Supreme Court struck down a non-compete clause because the main purpose of the clause was to prevent employers from working for competitors. The court held that protecting the former employer from competition, by itself, was not a legitimate purpose of a non-compete.
The future
In January 2023, the Federal Trade Commission proposed a nationwide ban on non-compete agreements to ameliorate their anti-competitive effect. Most observers thought that the FTC would move swiftly to effectuate the proposed ban on non-competes, but thus far, little more has happened.
In Hawaii
In Hawaii, at the moment, the validity of non-compete agreements is uncertain. If the agreement is reasonable in duration, scope, and purposes, a court is likely to enforce it. If the agreement pushes the boundaries of reasonableness too far, a court is very unlikely to enforce the agreement. Examples of unreasonable terms include lifetime duration and nationwide application. Because Hawaii is an island state, any clause that applies on the mainland must be supported by a clear and appropriate purpose.]]>On Behalf of Harrison & Matsuokahttps://www.hamlaw.net/?p=472872024-01-17T11:02:13Z2024-01-17T11:02:13Z expungement could help you remove arrests, non-convictions and convictions from your record. This could be a very beneficial step to take, making it imperative to understand if this is an option available to you.
What is an expungement?
In simple terms, an expungement is a process that removes a person’s arrest information from the statewide central repository that contains adult criminal history record information. For an arrest of a non-conviction, an expungement will also expunge the arrest record from the arresting agency.
Additionally, if an expungement of a conviction could be granted by the court. However, it should be noted that when this occurs, the arrest record for this conviction might still be available at the arresting agency. Furthermore, when an expungement is ordered, this does not remove or seal court records or traffic abstracts. To do this, another filing and process is needed to seal these records.
Expungements in Hawaii
In Hawaii, individuals could seek an expungement; however, for this to occur, the record must be eligible for expungement. In general, an expungement is possible for non-conviction arrests and for certain convictions.
With regards to non-conviction arrests, expungements cannot be issued for an arrest for certain situations, which are outlined in the Hawaii Revised Statutes section 831-3.2. For those seeking an expungement of conviction information, this is available for drunk driving convictions for those under 21, sentencing for first-time drug offenders, conviction information for first-time drug offenders prior to 2004 and sentencing for first-time property offenders.
An expungement of a conviction can only be granted by the court, so it is important to establish whether you qualify for this. Additionally, a legal professional can assess your record and help you understand if an expungement of an arrest or conviction is possible for you.
]]>On Behalf of Harrison & Matsuokahttps://www.hamlaw.net/?p=472852024-01-04T18:31:54Z2024-01-02T18:31:08ZPonzi scheme overview
A Ponzi scheme attracts investors with a promise of large investment returns through legitimate transactions, but instead uses funds deposited by new investors to pay previous investors. Usually, the investors are promised that there is little risk and that they will get consistent returns.
The person running the operation then needs to pull in new investors to continue paying returns. When there are no more individuals to recruit, the scheme no longer works.
Investors can be harmed in several ways, including losing their entire investment and a loss of confidence in financial systems. They can also suffer emotional distress when they have lost their financial security and no longer feel that they can trust those around them.
Penalties and defenses
If you are convicted of participating in a Ponzi scheme, you could face criminal charges for fraud, wire fraud, mail fraud, securities fraud and others. You may be required to pay fines and could be sent to prison. The court may also order you to pay restitution to the victims to compensate them for their financial losses.
In some situations, you may also be required to forfeit any assets you received through the scheme and you could be banned from participating in securities trading. The penalties for this crime are often imposed to deter others from doing the same activities.
There may be defenses available to you.]]>On Behalf of Harrison & Matsuokahttps://www.hamlaw.net/?p=472832023-12-18T17:07:34Z2023-12-18T17:07:34Zaccused of a white-collar crime. Investigation is necessary to determine whether any of your rights were violated or to learn how to fight a false accusation.
Most white-collar crimes are based on fraud
White-collar crime is a term that covers various fraudulent schemes. The crime of fraud is at the heart of a white-collar charge. Most white-collar crimes are non-violent offenses with corruption, cheating or some form of dishonesty as a central element. White-collar crimes often happen in the business, commercial or financial worlds.
Some common examples of specific white-collar crimes in Hawaii include:
Bank fraud
Embezzlement
Extortion
Forgery
Identity theft
Insurance fraud
Money laundering
Racketeering
Tax evasion
You cannot be convicted of a white-collar crime if you had no intent
Concealment of the crime is another key element of white-collar crimes. Since white-collar crimes involve deceit or concealment, there is often a long and complex investigation before charges are brought.
Many white-collar crimes involve one criminal offense buried in a series of legitimate transactions, which makes proving intent challenging.
This can be used to your advantage as you examine strategies to defend yourself against a white-collar crime charge. To secure a conviction, the prosecution must prove you had criminal intent.
It is not enough to prove the illegal transaction. There must be evidence that the act was done with the intent to conceal something or deceive someone, rather than it being a simple oversight or careless act.
What to do if you are the subject of a white-collar crime investigation
You will often learn that you are being investigated for committing a white-collar crime before you are charged. This can necessarily fill you with fear and anxiety, wondering what to do next.
The one thing you should definitely not do next is speak with the police or investigators. This can be hard, because you likely want to talk with them to explain your side of the story and hope they believe it so the entire matter goes away.
This is a bad idea for many reasons and only increases the chance you will be convicted. Your words can be taken out of context, leaving you in a worse position than you were to begin with. Your nervousness may cause you to tell inconsistent stories or sound as if you are lying.
The best thing to do when you learn you are under investigation for a white-collar crime is to talk with a criminal defense attorney. You will be educated on your rights and start developing solid defense strategies.]]>On Behalf of Harrison & Matsuokahttps://www.hamlaw.net/?p=472842023-12-28T16:50:02Z2023-12-18T16:46:11Zsexual assault is anything but easy. However, in order to establish the best defense possible, it is important for the accused to fully understand the charges they face and the evidence they are based on.
Hawaii and federal sexual assault laws
Sex crimes in Hawaii can be charged in four degrees with all but fourth-degree sexual assault categorized as a felony. Federal law prohibits sexual abuse. This is defined as knowingly causing another to engage in a sex act in three situations.
The first involves threating a victim or making them afraid. The next is engaging in a sex act when the other person is incapable of understanding the conduct or is unable to physically decline or communicate their unwillingness to participate. And the third situation is by engaging in a sex act with another without the other person’s consent, including coercion.
Creating a defense
In order to convict a defendant of a sex crime, the prosecution must prove the elements of the charges. In Hawaii, this means that the sexual conduct must be knowingly. Additionally, depending on the degree charged, the sexual conduct in question must include all of the elements of the crime. Often, consent is a focal point in these criminal matters. Thus, it is important to consider the evidence surrounding this if it is at issue.
Being accused of a sex crime is an overwhelming and complex matter. In order to ensure you get the best defense possible, it is imperative that you know the applicable laws and your rights in the matter. This could help with the dismissal or the reduction of the charges against you.]]>