Family Court Dismissals


Defendants in Family Court might be getting a late Christmas present.

On December 18, 2013, the Hawaii Supreme Court issued a decision in State of Hawaii v. Sushil Basnet.  The case says that the Family Court has failed to follow Hawaii Rule of Penal Procedure 10(a), which requires a second arraignment in Circuit Court.  The failure to properly arraign the Defendants is fatal to the charge and requires a dismissal of the case.

What does this mean if you are currently facing a Family Court charge in courtroom 8B or 8C?  If you only had one arraignment, your case will be dismissed.  In fact, this morning (January 6, 2014), over 50 cases were dismissed by the court.  If your case has already started and you are awaiting your trial date, there is a good chance it is too late for this error to be corrected and your case should be dismissed.

This issue was raised by Defense Counsel at trial, which is why it is important to hire a criminal law attorney in Honolulu who knows how to best represent you.

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