Harrison Law Center, A Law CorporationFindLaw IM Template2026-03-13T22:36:59Zhttps://www.harrisonlawcenter.com/feed/atom/WordPress/wp-content/uploads/sites/1303802/2024/06/cropped-HLC-logo-2024-icon-32x32.pngOn Behalf of Harrison Law Center, A Law Corporation<![CDATA[Reputation management: Shielding your professional license during an indictment]]>https://www.harrisonlawcenter.com/?p=475102026-03-13T22:36:59Z2026-03-13T22:36:59ZThe immediate threat to your credentials
Licensing authorities like the Hawai’i Medical Board or the Office of Disciplinary Counsel (ODC) possess broad powers. When an indictment is handed down, it triggers a chain of events that can result in immediate summary suspension. These boards don’t wait for a conviction to take action because they view the formal accusation as a threat to professional integrity.
The intersection of criminal law and administrative regulation is a complex landscape for several reasons:
Boards often require self-reporting of arrests or indictments within a certain timeframe
Administrative proceedings move much faster than the federal criminal court calendar
The "preponderance of the evidence" standard in board hearings is easier to meet than "beyond a reasonable doubt”
Public records of an investigation can permanently damage your professional reputation among peers
Failing to navigate these rules can lead to the loss of your livelihood, even if you are later acquitted of all charges.
Strategic defense beyond the courtroom
Protecting your license requires a dual-track strategy that addresses both the Department of Justice and the Regulated Industries Complaints Office (RICO). Your criminal defense attorney should work in tandem with a professional license specialist to ensure that statements made to the board don’t jeopardize your criminal case. In many cases, how you report the indictment is just as critical as the facts of the case itself.
Consider these vital steps to shield your professional standing during a federal fight:
Hire counsel experienced in both federal criminal defense and Hawaiʻi board procedures
Review the reporting mandates for your license to avoid "failure to disclose" violations
Prepare a reputation management plan to address concerns from employers, hospitals, or clients
Managing the narrative early is the only way to ensure that you still have a career to return to once the legal battle ends.]]>On Behalf of Harrison Law Center, A Law Corporation<![CDATA[What information must I give if I’m pulled over?]]>https://www.harrisonlawcenter.com/?p=474562024-06-26T21:25:47Z2024-06-26T21:25:47Zthere are specific laws and regulations regarding what information you must provide and what questions you are obligated to answer.
Providing identification
Hawaii is a “stop and identify” state, meaning if you are lawfully stopped by the police, you must provide your name, address and birth date. This requirement helps officers quickly identify individuals who may be involved in criminal activity. And, if you are driving, you are required to show the police officer your driver’s license.
Answering questions
Apart from providing identification, you are not required to answer any other questions from the officer. Questions such as, “Where are you coming from?” or “Have you been drinking tonight?” do not need to be answered. These questions are often used to establish probable cause for an arrest.
Beyond your identification, you are not obligated to answer questions about your destination, travel origins, activities, place of residence, birthplace, United States citizenship or how you entered the country. Maintaining silence on these topics can protect you from self-incrimination.
Field sobriety tests
If an officer suspects you are intoxicated, they might ask you to step out of your vehicle and participate in field sobriety tests. You can politely refuse these tests. However, if asked to take a blood test or a breathalyzer, you are legally required to comply under Hawaii’s implied consent laws.
Understanding your rights during a traffic stop in Hawaii can help you handle the situation more effectively. While you must provide identification, you are not obligated to answer additional questions. Generally, it is advisable to comply with the officer’s requests to avoid escalating the situation. However, knowing what you are legally required to do can help you stay informed and protect your rights.]]>On Behalf of Harrison Law Center, A Law Corporation<![CDATA[This strategy could be key to your criminal defense]]>https://www.harrisonlawcenter.com/?p=474532024-06-06T14:52:38Z2024-06-14T14:50:46ZDeposition basics
A deposition is the taking of sworn testimony outside of court and before trial. The purpose is to discover what information the witness possesses and to give a sense of how they’ll testify at trial. The attorney taking the deposition will have wide latitude to ask questions here, which gives your defense the opportunity to look for avenues of attack in your case.
The benefits of depositions
There are several ways a deposition can be helpful to your case. These include:
Finding out information that you otherwise wouldn’t have known.
Pinning the witness down on their testimony so that you can then attack their credibility and reliability at trial if their testimony changes.
Blocking the witness from testifying at trial if they fail to appear at the deposition.
Discovering new angles of attack when addressing the prosecution’s case.
Deposing the prosecution’s witnesses can thus be a powerful way to build your criminal defense. Don’t overlook the value of this strategy in your case.
Leave nothing to chance in your criminal case
You don’t want to walk into court not knowing what’s going to be said against you. You can prevent that from happening by carefully building your case and taking relevant depositions. There are other strategies that you should consider utilizing, too, which you can discuss with your attorney. Hopefully then you can find a path forward that protects you from the harsh penalties sought by prosecutors.]]>On Behalf of Harrison Law Center, A Law Corporation<![CDATA[Am I going to go to prison if I’m convicted of a crime?]]>https://www.harrisonlawcenter.com/?p=474512024-06-06T14:37:12Z2024-06-06T14:37:12ZFactors that increase your risk of incarceration
To figure out the criminal defense strategy that’s best under your circumstances, you have to know what the court will look for when imposing penalties upon conviction. This includes each of the following:
The severity of the offense: Though a misdemeanor can result in jail time, it’s much more likely that you’ll face incarceration if you’re convicted of a high-level felony. Therefore, the specific crime for which you’re convicted can play a significant role in the penalties that are imposed against you. This is why in a plea bargain it’s best to seek reduced charges.
Your criminal history: First time offenders are sometimes let off easy, especially if the offense in question isn’t severe. But if you have a history of criminal wrongdoing, then the court may be more comfortable imposing more significant penalties against you, which could include incarceration.
The damage caused by criminal wrongdoing: The harm caused to any victims, including a business, will also be considered when determining appropriate penalties. Therefore, if a victim was irreparably harmed by the offense in question, then you’re more susceptible to more severe punishment in the form of incarceration.
Your demeanor: The criminal justice system is meant to punish individuals for wrongdoing and to deter them from engaging in similar behavior in the future. If you come across as someone who doesn’t care that they’ve broken the law, then the court may be more inclined to punish you more severely to make you care. If you come across as remorseful, though, then the court may exercise leniency.
Any corrective action you’ve taken on your own: Similarly, if you can demonstrate to the court that you’ve taken steps on your own to remedy the behavior that gave rise to criminal charges, then you’re more likely to gain sympathy from the judge, which could spare you from the harshest penalties allowable under the law. If you don’t, though, then the court might think that harsher penalties are warranted.
Any alternatives to incarceration: Some criminal convictions lend themselves to treatment rather than incarceration. So, if you struggle with a substance abuse or mental health issue, then you might have room to argue that incarceration isn’t needed, and that appropriate treatment should instead be ordered.
Develop a strong criminal defense strategy that seeks to avoid incarceration
Looking at the big picture, the court is going to assess the crime in question as well as any mitigating and aggravating factors before deciding which penalties to impose.
Therefore, if to avoid incarceration and other severe penalties, you have to be prepared to either negotiate a favorable plea deal, persuade prosecutors to drop the case, aggressively fight to avoid conviction at trial, or present a strong case for leniency at sentencing. This can all be stressful to deal with, but this isn’t something that you have to face on your own. And you can and will get through this, so stay focused on your future and your defense.]]>On Behalf of Harrison Law Center, A Law Corporation<![CDATA[Here’s how social media could devastate your criminal defense]]>https://www.harrisonlawcenter.com/?p=474062024-06-04T15:56:06Z2024-05-31T21:31:07Zaccused of a crime, investigators and prosecutors are doing everything they can to pin the crime on you. This includes gathering physical evidence, securing witness testimony, and even relying upon experts to build their case. While you’ll need to fight back against this evidence, you’ll also need to avoid making a mistake that could put you in the crosshairs. One of the costliest errors you can make is posting on social media.
How social media can be damaging to your criminal defense
Social media might seem like a great way to vent your frustrations and discuss your fears, but it can also jeopardize your criminal defense. Here’s how:
It can indicate that you were somehow involved in the crime or even directly link you to the offense in question.
Your posts may be inconsistent with what you say to investigators or in your testimony, thereby jeopardizing your credibility and reliability.
Messages to family members and friends may make them witnesses against you, leading the prosecution to subpoena them to testify in your criminal case.
Statements may lead investigators to pursue new avenues of inquiry that allow them to secure other incriminating evidence.
Don’t let social media derail your criminal defense
We know you have a lot on your mind as you navigate your defense, but you have to be careful so that you don’t make a misstep that puts your future at risk. Be sure to seek out advice from professionals who have experience in criminal defense. And stay off social media as much as possible.]]>On Behalf of Harrison Law Center, A Law Corporation<![CDATA[Beware of these exceptions to the warrant requirement]]>https://www.harrisonlawcenter.com/?p=474072024-06-04T15:56:12Z2024-05-16T17:05:07Zexceptions to that requirement that allow the police to conduct a warrantless search.
What are the exceptions to the warrant requirement?
There are several. They include:
Searches that are consented to by the property owner.
Searches intended to seize illegal contraband that is in plain view.
Searches conducted pursuant to an emergency situation, such as when evidence is about to be destroyed or when someone is in danger.
Entry into a home that’s part of a hot pursuit of a suspect.
Searches conducted incident to arrest, where your person and anything you’re carrying can be searched.
Searches of a vehicle when the police possess probable cause to believe that illegal items are contained within the vehicle.
There are other exceptions to the warrant requirement that the police might use in your case. What’s crucial to remember, though, is that the police frequently botch the utilization of these exceptions. When they do, your rights are violated, and you might be justified in filing a motion to suppress that evidence.
Don’t let law enforcement trample your rights
There’s a reason you have Constitutional protections against unlawful searches and seizures. If you think your rights have been violated, you need to carefully consider how it could affect your criminal defense. After all, pointing out how you’ve been wronged could mean the difference between a guilty verdict and an acquittal.]]>On Behalf of Harrison Law Center, A Law Corporation<![CDATA[Is Hawaii’s sex offender registry doing more harm than good?]]>https://www.harrisonlawcenter.com/?p=473022024-06-04T15:56:17Z2024-04-17T20:21:52ZHawaii's registration law
Hawaii's sex offender registry law is broad, covering anyone who has been convicted of a sexual offense or a non-sexual offense against a minor. If ordered to register, a person must provide the authorities with regular updates and must notify them every time they move. Some offenders may petition to have themselves taken off the registry after the have passed certain requirements, but otherwise the registration requirement continues for the rest of their lives.
The crimes covered by the registration requirement are not necessarily violent or indicative of a mental disorder. In some cases, covered offenses can include sex between two teenagers, teenagers sharing nude photos, or even cases of public urination. People convicted of these crimes don't necessarily pose any special risk to the community, and yet they are treated more or less the same as some of the state's most dangerous criminals.
Making things worse?
Registration can interfere with a person's life in an untold number of ways. Because the registry is available to the public, that means anyone -- employers, landlords, neighbors, potential friends and more -- may find out about a person's history and choose to distance themselves. This can make it extremely difficult for registrants to find and keep employment or suitable housing.
Some studies have suggested that this harsh situation puts registrants under so much stress that some offenders are actually more likely to re-offend. If this is true, then it means the registration laws are actually worsening a problem they were intended to stop.
Those who are facing sex crime charges should be aware of how the registration requirement can affect them.]]>On Behalf of Harrison Law Center, A Law Corporation<![CDATA[Which arrests and convictions qualify for expungement in Hawaii?]]>https://www.harrisonlawcenter.com/?p=472992024-06-04T15:56:22Z2024-04-11T09:46:15Zthe first step to starting this new life, unburdened by past alleged wrongdoing is determining whether your arrest or conviction qualifies for expungement in our state.
Non-conviction arrests
Non-conviction arrests generally qualify for expungement. Hawaii Revised Statutes, Section 831-3.2, outlines the pathway for expunging non-conviction arrest data from both the arresting agency and the statewide criminal history repository. If you faced charges but were not convicted, you may qualify for expungement. Keep in mind that some court records may persist.
Conviction information
Under specific circumstances, the court may approve expungement of conviction data for certain offenses. While expunged from the statewide repository, this information might remain accessible through the arresting agencies and courts.
Qualifying Offenses
There are many eligible offenses for expungement. Hawaii Revised Statutes, Section 291E-0064(e) allows for expungement of underage alcohol-related driving offenses. Sections 706-622.5, 706-622.8 and 706-622.9 allow for expungement of first-time drug or property convictions meeting the designated criteria.
The process and requirements
The expungement journey in Hawaii spans about 120 days or more to complete as there are not expedited processing options for expungement. There are application fees, applicants must adhere to all prerequisites and furnish essential court documentation.
Limitations
To be clear, though, it is crucial to grasp that expungement may not seal or remove all court or traffic records. Additionally, expunged arrest records may not affect data held by federal entities like the FBI.
Conclusion
Understanding your rights and the expungement qualifications in Hawaii serves as the launchpad for reclaiming your narrative and forging ahead unencumbered by the shadows of past arrests and convictions. For those meeting the criteria, expungement heralds a chance for a brighter future.
]]>On Behalf of Harrison Law Center, A Law Corporation<![CDATA[Hawaii felonies vs. misdemeanors]]>https://www.harrisonlawcenter.com/?p=472962024-06-04T15:56:33Z2024-04-08T15:19:39ZThe big stuff: felonies
Felonies are the big stuff—serious crimes that will land you in big trouble. In Hawaii, felonies include things like murder, robbery and drug trafficking.
The consequences that come with committing a felony are serious. They often include hefty fines, long prison times, or even an entire life behind bars. Felonies are no joke and they can affect you for life.
Smaller offenses: misdemeanors
Misdemeanors are smaller offenses. Think of petty theft, disorderly conduct and simple assault. Even though these are not as serious as felonies, they can still lead to fines and some time in jail.
Why does this matter? Well, because the less severe the offense, the less severe the consequences, including punishment and the long-term impact that the offense will have on your life.
For example, if you murder someone in Hawaii or even try to murder someone, the consequences of that offense will be significantly more serious, the punishment more severe and the long-term impact greater than if you steal a pair of jeans from your local department store.
Now that you understand the difference, you can appreciate why the law separates offenses into these categories. It is not only helpful for the legal system but also so that people have a much better understanding of the line between serious and less serious crimes.]]>On Behalf of Harrison Law Center, A Law Corporation<![CDATA[What should you do after you’ve been arrested?]]>https://www.harrisonlawcenter.com/?p=472952024-06-04T15:56:38Z2024-03-25T12:01:57ZWhat 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.
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