Several years ago, Hawaii police officers had discretion on whether or not to
make an arrest for Abuse of a Household Member. Often, a domestic call
would result in mere counseling by the officers at the scene.
Now, the government aggressively enforces abuse laws. If an officer
goes to a domestic argument case, and one of the parties complains of pain, or
there is visible injuries, someone is getting arrested. Even if the victim
does not want to press charges, the police will make an arrest anyway. The
prosecutor's office will then force the victim to testify against the other
party, or will ask the court to put the victim in jail for contempt.
High Bail
Normal bail in
misdemeanor cases is $100. However, if you are arrested for Abuse, expect
at least $1000 bail, even for a first time offense. Although the police
initially set the bail, it is often reduced once your attorney argues on your
behalf at court.
Sentencing
A first and
second conviction for Abuse within a year calls for up to one year in
jail. The first conviction calls for a mandatory 48 hours in jail.
The second calls for 30 days minimum jail. A third in a year is a class C
felony, with up to 5 years in jail. Bail for felony abuse is usually set
at a whopping $11,000.
If convicted
for Abuse, you are presumed to be an unfit parent, can never work in a job with
a gun (military or police), can never again own a gun, and if you are not a citizen,
you may be subject to expedited deportation proceedings.
So
if you are arrested for abuse, what’s the good news in all of this?
It is that the police often make arrest with weak facts. It means that if the prosecutors push the case, and if yours is
one of the weak ones, you have a good chance at being acquitted. You also
have the right to a jury trial. Finally, there are other creative ways to
avoid the mandatory jail, like taking a deal on a different type of charge.
Mr.
Burge has represented numerous people for this particular offense. He also
has a special understanding for military or police officers, who usually will
get fired after being convicted for Abuse, since they can no longer use a
gun. If you face these type of charges and want additional information, or
representation, please call to set up an appointment as soon as possible.
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