Legal Services

TELEPHONE

Legal Assistance: (808) 496-1829
Defense: (808) 496-7088
Trial Services: (808) 496-6749/6750
Administrative Law: (808) 496-6743

LOCATION

Building 215
Next to the base flag pole

HOURS OF OPERATION

Monday - Friday
7:30 a.m. - 5:00 p.m.

The Legal Services Support Team enhances the readiness of active duty and reserve personnel by providing quality legal services regarding criminal and administrative law matters as well as legal assistance to service members (both active duty and retired) and their dependents.

Command legal training teams are available to Marine Corps Base and tenant commands upon request.  Please contact the legal chief at (808) 257-7801 to schedule a brief.
 

DISCLAIMER

The information on this site is for informational purposes only and does not represent legal advice form an attorney or the legal assistance office. This website is designed to present a general overview of the civilian laws and base orders that affect service and family members stationed at Marine Corps Base Hawaii. You should use this website as a tool to help avoid legal difficulties before they develop. By referring to this website before taking action, you should be able to make informed decisions. Prevention of a legal problem is always more desirable than trying to solve a dispute after it has arisen. If you still have questions or are unsure about something after reading some of the material contained herein, you should contact the Legal Assistance Office. The information in this guide is based on local laws and regulations and is current as of October 2020. Use of this guide outside the State of Hawaii is discouraged.

SOCIAL AGENCIES

Personnel arriving at MCB Hawaii have the following resources available to them for assistance with personal or family problems:

Military Spouse Abuse Shelter -- 533-7125

The Military Spouse Abuse Shelter provides shelter for victims of abuse who are active duty members, dependents or retired individuals. This can include children. Additionally counseling is provided to these individuals (group and individual) in this area of interest. This phone number is a twenty-four hour crisis line and transportation to and from the shelter is provided. Some child development screening and activities are provided for children.

Child Protective Services -- 832-5300

CPS provides for the welfare of children who are victims of abuse and also becomes involved in the investigation of cases of abuse.

Family Advocacy -- 257-7781

Family Advocacy assesses the needs and treatments that a family or individual might need as a victim or a perpetrator in an abuse case.

Navy Marine Corps Relief -- 254-1327/1328

Navy Relief will help provide money for basic living expenses (rent, etc.), transportation, emergency leave, repairs to vehicles which are the only means of transportation for work and some types of medical and dental care. Any moneys provided through Navy Relief will require the setup of a repayment plan. Budget counseling and baby layettes are also available for free.

Red Cross -- 257-8848

The Red Cross provides emergency communications between service members and their families. This includes verification of emergencies and situations that would allow for emergency leave. In some emergency cases the Red Cross may make interest free loans for transportation. The Red Cross can provide other verification in family matters.

Family Service Center -- 257-7786

The Family Service Center provides family counseling and family oriented workshops. A very useful seminar is the Marriage Skills Workshop which is highly recommended for military members who expect to get married or for newlywed couples. Both parties are invited to attend. Anger and stress management, balancing a checkbook, pregnancy counseling and information, contraception counseling and information are all available through this local office.

Armed Services YMCA - 254-4719

The Armed Services YMCA provides family counseling and educational classes. The classes include Women's Awareness Programs, General Equivalency Diploma (GED), Lamaze, parenting, dog obedience, drivers education and training. They also run the quarterly swap meet (flea market) on board the MCBH.

Chaplains Office - 257--3552

WEAPONS REGULATIONS

MCBH Regulations

The possession of privately--owned firearms, weapons, explosives, ammunition, pyrotechnics, or chemical agent devices aboard MCBH is prohibited. The following are the exceptions to this general rule:

Registered firearms and weapons;

Registered knives with blades greater than four inches in length;

Small amounts of gunpowder for sport reloading;

Rifles and/or pistols brought aboard the base for the purpose of participating in officially sponsored marksmanship competitions or officially sanctioned recreational shooting at the Base rifle and pistol ranges.

You may register your weapon at the Pass House at the main gate, Building 1637. If you buy a weapon on base, and immediately remove it, it need not be registered. Shotguns for competition or recreational use must be removed from the Base on the same day they were brought aboard. Always transport your weapon unloaded, on safe, and in a locked trunk. Never conceal your weapon unless authorized to do so by the Federal Government or the State of Hawaii.

State of Hawaii Regulations

Hawaii Statutes require the registration of any rifle, pistol, shotgun, knife in excess of four inches or a spear gun. Registration is in downtown Honolulu with the Honolulu Police Department.  

SERVICEMEMBER’S CIVIL RELIEF ACT (SCRA)

In 2003, the Soldiers and Sailors Civil Relief Act (SSCRA) was completely re-written, and re-named the Servicemembers Civil Relief Act (SCRA). The bill was signed into law by President Bush on December 19, 2003. This is the law that now governs legal protections for members of the United States Military.

Reservists and members of the National Guard (when in active federal service) are also protected under the SCRA. SCRA (for all) begins on the first day of active duty, which means when the person ships out to basic training (Basic Training, and job-school are considered active duty for Guard and Reserve personnel, as well as active duty personnel). Some protections under the act extend for a limited time beyond active duty discharge or release but are tied to the discharge/release date. Additionally, some of the Act’s protections extend to the members’ dependents.

National Guard members recalled for State duty are also protected by the Servicemember's Civil Relief Act in certain circumstances. National Guard members are entitled to SCRA protection when called to state active duty under Title 32, if the duty is because of a federal emergency, the request for active duty is made by the President or Secretary of Defense, and the member is activated for longer than 30 days. An example of this would be the National Guard members who were activated by the states, at the request of the President, to provide security for airports after 9-11.

You will need a report certifying Title 10 active duty status. You can obtain that report here: https://scra.dmdc.osd.mil/scra/#/home

Here is a partial list of the rights the SCRA provides for persons in the military services.

Major Legal Protections

1. Termination of Residential Leases.

The SCRA allows individuals to break a lease when they go onto active duty if the lease was entered into before going onto active duty. Additionally, the act allows a servicemember to terminate a residential lease entered into while in the military, if the member receives permanent change of station (PCS) orders, or orders to deploy for a period of not less than 90 days.

This protection covers "lease of premises occupied, or intended to be occupied, by a servicemember or a servicemember's dependents for a residential, professional, business, agricultural, or similar purpose."

To break a lease under these provisions, the servicemember must make the request in writing, and must include a copy of their orders (orders placing them on active duty, PCS orders, or deployment orders). The member may deliver the notification by hand, by commercial carrier, or by mail (return receipt requested).

The earliest day you should terminate a lease is 30 days after the first date on which the next payment is due. For example, if Sgt John pays his rent on the first of every month, and he notifies his landlord (and gives the landlord a copy of his orders), on the 18th of June, that he wishes to terminate the lease under the provisions of the SCRA, the earliest termination date 1 August (the next rent is due 1 July, and 30 days later is 1 August). If it's some other arrangement, other than monthly rent, the earliest termination of the lease is the last day of the month, following the month in which the notice is given. So, if notice is given on 20 June, the earliest termination date would be 31 July.

I'm often asked, "What if there are other people on the lease? Who has to make up the rent?" Not the landlord, that's for sure. Also, not the servicemember. The SCRA is silent in this area. In most states, the burden would likely fall on the remaining roommates. They would either have to make up the military member's share of the rent, or find another roommate. The SCRA gives the military member the right to terminate his/her own portion of the lease early, but the law does not require the landlord to decrease the amount of total rent for the property, nor does the law protect remaining non-military roommates (unless, of course, they are the member's legal dependents).

2. Automobile Leases.

Military members may also terminate automobile leases in certain circumstances. Just like with residential leases, if a member enters into an automobile lease before going on active duty, the member may request termination of the lease when he goes onto active duty. However, for this to apply the active duty must be for at least 180 continuous days. So, if a person joined the Reserves, and had orders for basic training and technical school, the total of which was only 120 days, he could not terminate the automobile lease under this act.

Additionally, military members making a permanent change of station (PCS) move, or who deploy for 180 days or longer may terminate such leases. The act specifically covers " lease of a motor vehicle used, or intended to be used, by a servicemember or a servicemember's dependents for personal or business transportation."

To terminate the lease, the member must make the request in writing along with a copy of orders. The member may deliver the notification by hand, by commercial carrier, or by mail (return receipt requested). Additionally, the member must then return the vehicle to the lessor within 15 days of delivery of the termination notice.

The lessor is prohibited from charging an early lease termination fee. However, any taxes, summonses, and title and registration fees and any other obligation and liability of the lessee in accordance with the terms of the lease, including reasonable charges to the lessee for excess wear, use and mileage, that are due and unpaid at the time of termination of the lease shall be paid by the lessee.

3. Evictions from leased housing.

Servicemember may seek protection from eviction under SCRA 3951. The rented/leased property must be occupied by the service member or his dependents for the purpose of housing, and the rent can not exceed $3,851.03 (2019).  The actual amount is automatically adjusted each year, by the inflation rate. The servicemember or dependent who has received notice of an eviction must submit a request to the court for protection under the SCRA. If the court finds that the service member’s military duties have materially affected his ability to pay his rent, the judge may order a stay, or postponement, of the eviction proceeding for up to 3 months or make any other "just" order.

4. Installment Contracts.

The SCRA gives certain protections against repossessions for installment contracts (including automobile leases). If the contract was entered into before going on active duty and at least one payment was made before that time, the creditor cannot repossess the property, while the member is on active duty, nor can they terminate the contract for breach without a court order.

5. 6% Interest Rate.

If a servicemember’s military obligation has affected his ability to pay on financial obligations such as credit cards, loans, mortgages, etc., the service member can have his interest rate capped at 6% for the duration of the servicemember’s military obligation. Qualifying debts are debts that were incurred by the servicemember, or the servicemember and his spouse before coming on active duty. Debts entered into after going on active duty are not so protected.

Notice that this particular provision of the act only applies if a servicemember's military service affects their ability to pay. However, the burden is on the creditor to seek relief in court if the creditor believes that the service member’s military career does not materially affect his/her ability to pay. The creditor must comply, unless he/she gets a court-order stating otherwise. In order for an obligation or liability of a servicemember to be subject to the interest rate limitation, the servicemember must provide to the creditor written notice and a copy of the military orders calling the servicemember to military service and any orders further extending military service, not later than 180 days after the date of the servicemember's termination or release from military service.

Upon receipt of notice, the creditor must reduce the interest rate to a maximum of 6 percent, effective the first day of active duty (even if the servicemember makes the request at a later time). The law unambiguously states that no interest above 6 percent can accrue for credit obligations while on active duty (for debts incurred before going onto active duty), nor can that excess interest become due once the servicemember leaves active duty (that was a "trick" some creditors tried under the old law) -- instead that portion above 6 percent is permanently forgiven. Furthermore, the monthly payment must be reduced by the amount of interest saved during the covered period.

6. Court Proceedings.

If a servicemember is a defendant in a civil court proceeding, the court may (note the word "may"), on it's own motion, grant a 90-day stay (delay) in the proceedings.

If the servicemember asks for a stay, the court must grant a minimum 90 day stay, if:

(1) The servicemember submits a letter or other communication setting forth facts stating the manner in which current military duty requirements materially affect the servicemember's ability to appear and stating a date when the servicemember will be available to appear; and 

(2) The servicemember submits a letter or other communication from the servicemember's commanding officer stating that the servicemember's current military duty prevents appearance and that military leave is not authorized for the servicemember at the time of the letter.

The provision applies to civil lawsuits, suits for paternity, child custody suits, and bankruptcy debtor/creditor meetings, and administrative proceedings.

The new act specifically states that a servicemember communicating with the court requesting a stay does not constitute an appearance for jurisdictional purposes and does not constitute a waiver of any substantive or procedural defense (including a defense relating to lack of personal jurisdiction). Under the old act, some courts held that merely communicating with the court (i.e., requesting a stay, implied that the member agreed to jurisdiction of the court). A servicemember who is granted a stay may request an additional stay, if he/she can show that military requirements affect his/her ability to appear (commander's letter is also needed). However, the court is not obligated to grant the additional stay. If the court refuses to grant an additional stay of proceedings, the court must appoint counsel to represent the servicemember in the action or proceeding.

If a default judgment is entered in a civil action against a servicemember during the servicemember's period of military service (or within 60 days after termination of or release from such military service), the court entering the judgment must, upon application by or on behalf of the servicemember, reopen the judgment for the purpose of allowing the servicemember to defend the action if it appears that

(1) the servicemember was materially affected by reason of that military service in making a defense to the action; and 

(2) the servicemember has a meritorious or legal defense to the action or some part of it.

7. Enforcement of Obligations, Liabilities, Taxes.

A servicemember or dependent may, at any time during his military service, or within 6 months thereafter, apply to a court for relief of any obligation or liability incurred by the service member or dependent prior to active duty or in respect to any tax or assessment whether falling during or prior to the service member’s active military service. The court may grant stays of enforcement during which time no fine or penalty can accrue.

Additionally, the act prevents servicemembers from a form of double taxation that can occur when they have a spouse who works and is taxed in a state other than the state in which they maintain their permanent legal residence. The law prevents states from using the income earned by a servicemember in determining the spouse’s tax rate when they do not maintain their permanent legal residence in that state.

8. Reemployment Rights.

Contrary to what many people believe, there are no provisions for Reemployment Rights as part of the Soldiers and Sailors Civil Relief Act. Reemployment rights are a completely separate legislation: The Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA). 

MAIL ORDER SALES

The U.S. Postal Service and the Federal Trade Commission (FTC) regulate mail order sales. The laws enforced by these agencies are designed to protect consumers from unwanted merchandise, misleading advertising and fraudulent business practices.

THE FTC MAIL ORDER RULE

A mail order company must ship goods within the time promised. If no time is promised, the goods must be shipped within 30 days. If there is a delay, the seller must notify you of the new delivery date. You may accept the new date or cancel the contract.

When the seller sends out a notice of delay, he must include an appropriate cancellation form. If the delay is for more than 30 days, you must agree to the delay in writing. If the delay is for less than 30 days, you agree to the delay unless you specifically cancel.

Once a seller receives a valid cancellation, he must refund your money within seven working days. If you pay with a credit card, the seller has one billing cycle to notify the card issuer to credit your account.

Purchases made by telephone are not covered by the Mail Order Rule.

UNORDERED MERCHANDISE

If you receive unordered merchandise, the shipper cannot attempt to pressure you into paying for it or returning it. As long as the merchandise was neither mistakenly delivered, nor actually ordered, you may keep it without charge.

FRAUD, MISLEADING ADVERTISING, OR UNSATISFACTORY PRODUCTS

The U.S. Postal Service has broad powers to investigate and punish unfair business practices conducted through the mail. If you believe you are a victim of misleading or fraudulent advertising through the mail, you should contact the U.S. Postal Service.

To protect yourself in mail order transactions, you should:

• Never pay by cash. Use a money order, check, or charge card; 

• Keep copies of all order forms and correspondence; 

• Read advertisements carefully. Be suspicious of incredible claims and once-in-a-lifetime bargains; and 

• Attempt to work out any problems by contacting the seller. If that fails, contact your local Postmaster or Legal Assistance.

​

WARRANTIES

A warranty can be described as a guarantee. A warranty "guarantees" that a product will perform or that it will be replaced or repaired or that some other remedy is available. There are "implied" warranties and "express" warranties.

IMPLIED WARRANTIES

There are two major types of implied warranties. An implied warranty does not have to be in writing. Every product has implied warranties except when the implied warranties are specifically excluded. While an implied warranty makes a promise about the condition of a product at the time it is sold, such warranties do not cover problems caused by abuse, misuse, wear, failure to follow instructions, improper maintenance, or other factors relating to the product's condition at time of sale.

Merchantability

An implied warranty of merchantability is a promise that the product is in proper condition for sale and will work as it is supposed to. For example, ovens are intended to cook food at certain controlled temperatures. If the oven won't heat, or heats uncontrollably, it is not merchantable, and there would be a breach or violation of the warranty.

Fitness for a Particular Purpose

This type of warranty arises when a customer relies on the seller's advice that the product can be used for a particular purpose. For example, when a customer tells a retailer that a pair of shoes will be used for mountain climbing, and the retailer states that a certain model he sells is good for mountain climbing, then the retailer has made a warranty of fitness for a particular purpose, and the warranty will be breached if the shoes turn out to be unfit for mountain climbing.

EXPRESS WARRANTIES

An oral promise by a salesman, an advertising claim and a written guarantee are all examples of an express warranty. The most common is the written warranty, of which there are two types:

Full Warranty

A defective product will be repaired or replaced for free, including removal and reinstallation when necessary;

The product will be repaired within a reasonable time period after the customer has complained;

The customer will not have to do anything unreasonable to get warranty service such as return a heavy product to the store;

The warranty is good for anyone who owns the product during the warranty period; and

If the product has not been repaired after a reasonable number of attempts, a customer can get a replacement or refund. (This is commonly known as the "lemon" provision).

Limited Warranty

A limited warranty means the warranty gives the customer less than full warranty protection. Common examples are where there is a charge for handling or where the parts are warranted but the customer must pay for labor.

SERVICE CONTRACTS

A service contract is an optional agreement to service a product that a customer buys as additional protection during a warranty period, or as protection after the warranty has expired. Service contracts are not warranties. Your protection under a service contract depends upon the terms and conditions stated in the contract.

 AS IS

A product bought "as is" comes with no warranty at all. If the product is worthless or breaks down on the way home, the seller will normally not be responsible.

"AS IS" (USED CARS)

The Federal Trade Commission requires used car dealers to place a "Buyer Guide" in the window of every used car they sell and make the Buyer's Guide available to you after you purchase the vehicle. The Buyer's Guide will include the following:

Whether the vehicle comes with a warranty and, if so, what specific warranty protection the dealer will provide;

Implied warranties provided by Hawaii State Statute (warranties provided under "Lemon Law");

That you should ask to have the car inspected by your own mechanic before you buy;

That you should get all promises in writing; and

What major problems may occur in any car.

Take the Buyer's Guide to heart. Discuss the warranties listed on the Buyer's Guide with the dealer. Always have the car inspected before you buy and always get all oral promises put in writing. Remember, most used cars will be sold "as is", and your purchase will come under the rule in Section E of this Chapter. Also, if your car does not come with a Buyer's Guide, the dealer is violating Federal Law, and you should contact Legal Assistance immediately.

Hawaii car warranties

New Vehicles:

http://cca.hawaii.gov/rico/files/2013/04/481I-L.pdf

Used Vehicles:

http://files.hawaii.gov/dcca/rico/hrs/481j-l.pdf

Other Internet resources:

Consumer Financial Protection Bureau
https://www.consumerfinance.gov/

Consumer Product Safety Commission
https://www.cpsc.gov/Regulations-Laws--Standards

Federal Trade Commission
https://www.ftc.gov/

SEPARATION

While the state of Hawaii recognizes legal separations, this is a process completely different from the divorce process. In some states, a separation can be one of several steps along the path to divorce, but in Hawaii these are completely different paths. In other words, in Hawaii separation is not necessary for a divorce.

If a married couple in Hawaii decides to legally separate and later decides to get divorced, they will have to begin a completely new process, complete with new forms and filing fees. If a couple is confident that they want a divorce, they can begin the divorce process with the information and forms provided. If a couple is contemplating divorce but is still unsure, possible options include the courses of action discussed below.

If a married couple wishes to live separate and apart, is unsure they want a divorce, but wants to establish custody or support arrangements in the meantime, they can make a separation agreement. A couple may live separate without a separation agreement. However, signing a separation agreement allows the couple to place some basic rules on the separation. In the separation agreement, they will agree about whether one of them will pay the other alimony and how much, who will keep what property, who the children will live with, and whether one of them will pay the other child support.

In order to create a separation agreement, the couple must jointly complete this questionnaire, which is also available at the Legal Assistance Office. After completing the form, turn it back into the Legal Assistance Office. We will draft a separation agreement that the husband and wife can both sign. This is a contract between the husband and wife, but the family court is not involved.

Alternatively, a married couple may be thinking about divorce but not want to go through the different separation and divorce processes. After all, going through a separation and then a divorce involves filling out paperwork twice and paying fees twice. To avoid this, they may file for divorce but wait to file all of the divorce paperwork. To file for divorce, the husband or wife must file a complaint, summons, and matrimonial action form. After filing, the court keeps the divorce open for one year before dismissing it if the couple does not file any other documents. This gives the couple a year to decide if they want a divorce or to negotiate the terms of the divorce. At any point during that year, they may file all of the remaining divorce forms to complete the uncontested divorce.

The Marine Corps Base Hawaii Legal Assistance Office provides specific types of legal services to Marine Corps families enrolled in the Exceptional Family Member Program (EFMP).  The Attorney for Exceptional Family Members for Hawaii and the Pacific region is located at the Legal Assistance Office (Bldg. 215), and his contact information can be found below:

Attorney for Exceptional Family Members - 808-496-1829

The Attorney for Exceptional Family Members provides legal services for the following topics and issues:

-    Consultations on Individualized Education Programs (IEPs)
-    Consultations on Section 504 Plans
-    Requests for accommodations for special education and medical disability services and benefits in the Hawaii State public schools 
-    Represents clients at Mediation, Arbitration, and/or other Alternative Dispute Resolution sessions for disputes with Hawaii State public schools and/or the Hawaii State Department of Education 
-    Represents clients at Due Process Hearings for claims of violations of the Individuals with Disabilities Education Act (IDEA) and/or Free Appropriate Public Education (FAPE) policies. 
-    Consultations on Special Needs Trusts, ABLE accounts, medical disability benefits and services, and ADA-approved housing.

What is the EFMP?

The EFMP is a confidential & mandatory program for dependents who have medical or educational special needs.  It is a program designed to coordinate PCS assignments for active duty sponsors that ensures the availability and accessibility of necessary medical and/or educational services for Exceptional Family Members.

Learn more about the Marine Corps Base Hawaii EFMP office by clicking on the following link: https://mccshawaii.com/efmp/

Who is an Exceptional Family Member?

•    Dependent of active duty service member
•    Spouse, child, parent
•    Resides with the sponsor
•    Requires medical specialty care or
•    Has a chronic medical condition that requires more than annual visits with primary care physician
•    Eligible for Early Intervention Services
•    Eligible for Special Education

What are the benefits of enrollment?

Click here to learn about family support services offered through EFMP 
https://mccshawaii.com/wp-content/uploads/2021/10/2021-EFMP-Brochure.pdf

If you are anticipating orders and want to apply for base housing at MCB Hawaii or your next duty location, please contact your EFMP Family Case Worker for assistance.  Your caseworker will request a letter from HQMC EFMP that you may submit with your advanced housing application, in lieu of web orders.  Not sure who your EFMP Family Case Worker is?  You can email the MCB Hawaii EFMP office at mcbh.efmp@usmc.mil or call the main office line at 808-257-0290 for assistance.

Hawaii State Department of Education – Special Education resources:

https://www.hawaiipublicschools.org/TeachingAndLearning/SpecializedPrograms/SpecialEducation/Pages/home.aspx

Hawaii State Department of Education – Individualized Education Program resources:

https://www.hawaiipublicschools.org/TeachingAndLearning/SpecializedPrograms/SpecialEducation/Pages/IEP.aspx#:~:text=The%20IEP%20for%20each%20student,participate%20in%20regular%20education%20programs.

Hawaii Special Education Guidelines

IDENTITY THEFT

What is identity theft?

In its simplest form, identity theft is the crime that occurs when a thief obtains some piece of your sensitive personal information and uses it without your knowledge to commit fraud or theft. The types of information that the identity thieves use to commit these illegal acts come from the bits of personal information that you reveal about yourself during your everyday transactions i.e. your name, address, phone numbers, Social Security Number (SSN), savings and checking account numbers, income, etc.

What is the impact of identity theft on the victim?

The repercussions of being a victim of identity theft are truly devastating. It can take victims of identity theft literally months, or in some cases years, in order to effectively repair the damage done by the thieves to both their credit reports and personal/professional reputations. In addition to time, victims of identity theft often have to spend thousands of dollars in order to correct the mess made by the thieves. During his recent visit to MCBH, Kaneohe Bay, the Commandant of the Marine Corps, General Michael Hagee, USMC revealed that he himself has been of victim of identity theft and that it took him over four years to resolve all of the outstanding issues created by the thief.

Current national and state identity theft crime statistics

The crime of identity theft was spawned in the 1990’s and continues to grow at an alarming rate. For the calendar year 2004, the Federal Trade Commission (FTC) received 246,570 complaints of identity theft nationwide. That figure marks a nationwide increase of over 31,000 from the number of complaints received in calendar year 2003 and an increase of over 84,000 from calendar year 2002. The age bracket effected most significantly by identity theft crimes nationwide in 2004 was between 18-29, with 29% of the victims falling in that designated bracket. However, the age bracket of 30-39 was a close second with 25% of the nationwide victims in 2004 hailing from that category.

In Hawaii for the calendar year 2004 there were 640 complaints of identity theft, with the majority of those incidents occurring in Honolulu (220). Other popular local identity theft victim locations were Kailua (44), Waipahu (33), Mililani (31), and Ewa Beach (29).

It is also important to note that these figures only represent the number of identity theft crimes reported, not the number of identity theft crimes committed. Unfortunately, many identity theft crimes go unreported and consequently the figures cataloging these incidents are under inflated.

How identity theft happens?

Identity thieves are extraordinarily skilled scavengers and can obtain your personal information in a variety of ways.

• They may steal your mail, including bank and credit card statements, credit card offers, new checks and tax information.
• They may submit a change of address form and divert your mail to an alternate location.
• They may rummage through your trash, or the trash dumpsters of local businesses, in order to retrieve this sensitive information.
• They may steal your wallet or purse.
• They may break into your home or vehicle.
• They may capture the information from your debit or credit card in a data storage device, which is known as "skimming."
• They may steal your personal information by posing as legitimate companies. This practice is known as "phishing," or pretexting by phone.
• They may obtain your personal information by posing as an individual who has a legal entitlement to that information i.e. your employer, landlord, attorney, etc.
• They may obtain the personal information you store and/or communicate via your personal or work computer by either hacking into those systems, or accessing them physically.

Once the identity thieves are in possession of your personal information they engage in various illegalities all of which detrimentally effect either your finances, or your liberty.

• They make large purchases on your credit, or debit cards. Note typically the identity thief would have taken the precaution of diverting your mail so it takes some time before you recognize the illegal charges.

• They open a credit card in your name and make a series of large purchases. When the bills are delinquent and are referred to a collection agency for processing, it is the victim’s credit report on which those entries of delinquency are made.

• They establish phone service in your name.

• They open a bank account in your name and write fraudulent checks on that account.

• They file bankruptcy in your name in order to avoid paying debts or eviction.

• They buy a car with an automotive loan under your name.

• They obtain a driver’s license with your name on it.

• They obtain employment using your SSN and you are credited with their income for tax purposes.

• They give your name as their own for a police report and when you do not show up for the designated court date, a bench warrant is sworn out for your arrest.

What to do if you are a victim of identity theft

If you do become a victim of identity theft, there are four steps that must be taken immediately in order to minimize the damage done by the thieves. It is also critical that you keep a record with the details of your conversations and copies of all correspondence.

1. Place a fraud alert on your credit reports and review your credit reports.

Fraud alerts act to prevent identity thieves from opening new accounts in your name. To place such an alert on your credit report you need to contact one of the three consumer reporting agencies listed below. Whichever consumer reporting agency you contact will notify the other two accordingly. Once you have placed the fraud alert on your account you are entitled to a free credit report. Scrutinize this document carefully, note any inaccurate information, contact the issuing consumer reporting agency and have it removed immediately.

Equifax, (800) 525-6285, www.equifax.com, P.O. Box 740241, Atlanta, GA 30374-0241

Experian, (888) 397-3742, www.experian.com, P.O. Box 9532, Allen, TX 75013

TransUnion, (800) 680-7289, www.transunion.com, Fraud Victim Assistance Division, P.O. Box 6790, Fullerton, CA 92834-6790

2. Close accounts that you know, or believe, have been tampered with or opened fraudulently.

It is imperative that you contact each company directly and notify them in writing that you believe your account has either been accessed, or opened illegally. Ask each company specifically what their governing identify theft reporting procedures are so that you can properly dispute the charges. Also be sure to provide copies of supporting documents to these companies (i.e. police reports, bank statements, etc), but retain the originals for your own records. In addition, send all correspondence via certified mail, with a return receipt requested, in order to catalog your correspondence with the various companies. Lastly, once you have resolved the dispute with the respective companies, ask that them to provide you with a letter that confirms the resolution and discharges the fraudulent debts.

3. File a report with your local police or the police in the community where the identity theft took place.

Often companies require that you provide them with some evidence of the crime in order to discharge the fraudulent charges, so if you cannot obtain a copy of the police report, at least note the report number, the responding officer and that officer’s department. You should also contact the state Attorney General to inquire if there are any applicable state requirements for reporting identity theft.

The contact information for the Honolulu Police Department (HPD) and the Hawaii Attorney General’s office is listed subsequently.

Honolulu Police Department (HPD)
801 South Beretania Street
Honolulu, HI 96813
911 (Emergency)
(808) 529-3111 (General Information)
http://www.honolulupd.org

State of Hawaii, Department of the Attorney General
425 Queen Street
Honolulu, HI 96813
(808) 586-1239
http://www.state.hi.us/ag

4. File a complaint with the FTC.

Reporting the theft of your identity to the FTC assists local law enforcement agencies to better track and ultimately capture these identity thieves. The FTC can also refer victims’ complaints to other government agencies and companies for further action, as well as investigate companies for violations of laws the agency enforces.

The FTC is the single best source of information on identity theft. All the statistical data and recommendations exposed in this article are drawn directly from either FTC publications, or the FTC identity theft website at http://www.consumer.gov/idtheft. Those without Internet access can contact the FTC directly at (877) 438-4338, Identity Theft Clearinghouse, FTC, 600 Pennsylvania Avenue, NW, Washington, DC 20580.

Ways to protect against identity theft

The best way to avoid becoming an identity theft victim is to exercise caution, prudence and diligence in protecting your sensitive personal information.

• Set up passwords on your credit card, bank, phone and computer accounts. Avoid using easily identifiable passwords like your SSN, birthdate, or mother’s maiden name. Change the passwords at fluctuating intervals.

• Secure personal information inside your home in some type of safe or lock box, especially if you have roommates or employ outside contractors who have access to your home.

• Inquire of your employer as to the location of where you personal information is kept and what the governing procedures are regarding the release of that information.

• Avoid giving personal information out via either the phone, Internet or regular mail unless you have positively identified the other party with whom you are dealing.

• Deposit your outgoing mail in secure U.S. Postal mailboxes, as opposed to the personal mailbox at your residence. If you must utilize your personal mailbox to send outgoing mail, do not highlight that the receptacle contains such information by raising the flag or comparable indicator. Check your mailbox for incoming correspondence daily and if you are going to be away from home for an extended period call the U.S. Postal Service at (877) 275-8777 to ask for a vacation hold.

• Keep your SSN card in a secure location and only reveal your number when absolutely necessary. Ask to use other types of identifiers if possible. If your state uses your SSN as your driver’s license number, ask to substitute another number.

• Only carry on your person the identification information and financial cards that you absolutely need.

• Keep your purse or wallet in a safe place both at home and in your place of employment.

• Pay attention to your billing cycles. Not receiving a regularly scheduled monthly bill in the mail is a good indicator that your identity has been, or is about to be, stolen. Contact your creditors anytime your bills do not arrive on time.

• Be extraordinary thorough in safeguarding any computer that contains your sensitive personal information, whether that unit is in your home or at work. Update your virus protection regularly. Avoid downloading any file from individuals whom you do not know. Use a firewall to limit the amount of access thieves have to your computer. Use a secure browser to guard the safety of your online transactions. Avoid keeping financial information on your computer unless absolutely necessary. Do not use any automatic log in features that would allow a thief to easily defeat the password security precautions. Delete all sensitive personal information from your computer before you dispose of it.

SATELLITE CITY HALL LOCATIONS

The city and county of Honolulu does not require that people go to downtown Honolulu to do business with them. They have set up offices in the outlying areas of Oahu to accommodate people who need to transact minor items with the City and County of Honolulu. Among the transactions a person can complete at these offices is, registration of cars, bicycles and pets, getting tax forms and registering to vote. The following is a listing of all of the satellite city hall locations and phone numbers.

Kailua Phone: 261-8575

Kaneohe Phone: 235-4571

Ala Moana Phone: 973-2600 (Open Saturday)

For more information please visit the City of Honolulu, Department of Customer Service at http://www.co.honolulu.hi.us/csd/index.htm

JURY DUTY

Trial by jury is a fundamental element of the American judicial system, guaranteed by the 6th and 7th Amendments to the U.S. Constitution. Given the current volume of litigation in our courts, it is no surprise that regular calls are issued for jury service and many are directed to U.S. service members. The Secretary of the Navy has promulgated a recent instruction that provides commanders with guidance on handling jury service issues pertaining to their command.

SECNAVINST 5822.2

SECNAVINST 5822.2 sets forth the Navy Department's policy and procedures for state and local jury service by members of the Naval Service on active duty. The instruction also designates certain service members as exempt from jury service. The Navy Department's policy is to permit members of the Naval Service to fulfill their civic obligations, including serving on state and local juries, to the maximum extent practicable consistent with their military duties. Naval service members, thus, are generally available to serve on state and local juries. However, service members are exempted from jury duty when it would unreasonably interfere with performance of their military duties or adversely affect the readiness of the command to which they are assigned. The instruction specifically exempts all general officers, flag officers and commanders from jury service. All personnel assigned to the operating forces, in a training status, or stationed outside the U.S. are also exempted from jury service. Operating forces are forces whose primary missions are to participate in combat and the integral supporting elements. Members assigned to the Base are generally eligible for jury service.

EXEMPTIONS

Other service members are exempt if an appropriate exemption official determines that jury service would unreasonably interfere with the performance of the service member's military duties or adversely affect
the command to which the member is assigned.

Officers exercising special court-martial jurisdiction are authorized to make a conclusive jury service exemption determination. Such determinations are to be made as soon as possible following receipt of a summons for jury duty. Written notice of the exemption determination is to be provided by the member's command to the responsible state or local official.

If the member's command does not have exemption determination authority, he or she is required to forward a request for exemption determination, together with a recommendation, to the next superior in the chain of command with authority to make the determination.

Service members serving jury duty retain their military pay status and are not charged leave. They are also entitled to receive reimbursements from the state or local authority for actual expenses. All fees paid to military members for jury duty must be paid over to the U.S. Treasury. Any questions regarding the application of the instruction to specific cases involving jury duty should be directed to the installation law officer at the Legal Services Center.

SMALL CLAIMS COURT

SMALL CLAIMS DISPUTES

Small Claims Court does not have the authority to resolve every dispute. The following is required for the court to hear a case:

You must have a dispute against a person, company, or government agency, and the amount you claim must be less than $3,500.

HOW TO FILE A CLAIM

Small Claims Court procedures are fairly simple. There are no lawyers, juries, motions, or objections. You should get your hearing within 40 days. Court fees are few and inexpensive and can be added to the court's judgment as costs. File your claim in the county where the dispute took place. The county you sue in will usually be where the person you are suing lives, where the firm you are suing does business, where your contract was signed, or where your accident took place. To file a claim, you must do the following:

Visit the Small Claims Court clerk at the main Small Claims Court for Honolulu at 1111 Alakea Street (corner of Alakea and Hotel Streets), Honolulu, Hawaii or call at (808) 538-5151.

Fill out and sign the "Claim of Plaintiff" form and pay the filing fee;

The form must include the following:

If you are suing an individual, the person's full name and address;

If you are suing a business, the business name and address and the owner's name;

If you are suing a corporation, the corporation's full name and address, and the name of a corporate officer or agent;

If your case involves a car accident, the full name and address of both the registered owner and the driver of the other car;

The amount of money you are claiming ($3,500.00 or less);

The reason why you are claiming the money;

The date the dispute started; and

The place the dispute started.

Arrange to have a copy of the Claim by Plaintiff delivered to each "defendant" (person you are suing) by:

Send the notice by certified mail; or

Have the sheriff serve the notice to each defendant. The cost of service is approximately $35.00 per individual served.

The clerk will set a hearing date either when you file your claim or when the defendant is notified of the claim. If the defendant claims that you owe him more than $10,000.00, the court can no longer hear the case; you must then go to a higher court, and you may need an attorney.

IF A CLAIM IS FILED AGAINST YOU

You become a defendant to a small claim proceeding when you receive the Claim of Plaintiff. If you are not timely notified, the judge may delay the hearing. Do not ignore the claim! You should always show up on the hearing date to either present your side or to complain that you did not receive timely notice. If you do not show up, the court can enter a "default judgment" against you. A default means that the case will be decided against you in your absence. If you are absent for a very good reason and a default is entered against you, you may file a motion to "vacate the judgment" within 10 days of the date the clerk mailed the notice of default. The clerk will give you the appropriate forms. If you cannot go to court at the time set, phone the Small Claims clerk as soon as possible and ask if you can get the date changed. If you have a claim against the plaintiff, you may file a "Claim of Defendant." The clerk will provide a form, and you must deliver a copy of it to the plaintiff before the hearing to pursue your claim.

WHAT YOU NEED FOR COURT

The Small Claims Court judge is experienced in settling disputes and will reach a fair decision. You can aid the court by proper preparation. If it is hard to remember all the facts of your case, write them down in advance. You may consult with a lawyer before your hearing and you may have a lawyer represent you in court, except if the case involves the return of a security deposit. Bring all the papers - originals, not photocopies - that you need to prove your case. This may include any letter, contract, renter's agreement, deed, canceled check, repair bill, written damage estimate, diagram, drawing, or photograph that will help your case. You might want to bring other evidence such as the ruined shirt, pictures of the dented car, or the defective toaster.

Bring any witnesses to court with you. The judge may not accept a witness's signed statement. Check with the court clerk concerning a judge's policy on accepting such signed statements if you cannot get a witness to go to court with you. If a witness refuses to come, the court can order the person to attend by issuing a "subpoena". The clerk will tell you the procedure to subpoena a witness. Your courtroom behavior should help the judge reach a decision, not hinder him. Answer the judge's questions carefully and stick to the facts. Never put down the other party. Don't get mad. Avoid interruptions. The judge may immediately reach a decision after hearing the facts. In some cases, the judge will take the case under "submission" to allow time to carefully study the law. If this happens, you should receive a written decision within two weeks.

HOW TO COLLECT YOUR MONEY

The Small Claims Court cannot collect your money for you, but the court clerk can tell you some ways to do this yourself. One way to collect your money is to have the defendant's wages "garnished." This means that the defendant's employer sets aside a portion of the defendant's pay check until the judgment is paid. To do this, you must find out where the person works, the name of the company and the address, including county. The clerk will then help. If you don't have information about a defendant's wages, bank accounts, or property, you can make the defendant attend a hearing to give you this information. The court clerk can help arrange such a hearing.

For more information on the Small Claims Court process, and to obtain the necessary filing forms, please visit the following websites:

Hawaiian Small Claims Court

Consumer Action and Information Center of Hawaii

PASSPORTS

 
INTRODUCTION

The United States passport is a travel document showing the bearer's origin and identity. The Department of State issues it to citizens owing allegiance to the United States. It gives the bearer the right to receive the protection and services of American Foreign Service Officers abroad.

TYPES OF PASSPORTS

Diplomatic -- A diplomatic passport is issued to a naval officer when specifically assigned duty as a Naval Attaché or an assistant Naval Attaché, chief or deputy chief of a military assistance advisory group or Naval Liaison Officer to Hong Kong or Singapore or other foreign nations. Family members accompanying such officers are also issued diplomatic passports.

Official -- An official passport is issued to accomplish a specific official assignment for the U.S. Government. It is only issued to service members, federal employees and their dependents as required by a particular assignment.

"No-Fee" -- Regular Passport A regular "No-Fee" passport is issued to dependents traveling at government expense to accompany or join their sponsors overseas. It is usually issued to a dependent traveling to an area where the sponsor does not require a passport. This passport differs from a regular "fee" passport by an endorsement to the effect that the bearer is abroad as a dependent of an American military member on active duty. Do not use a regular passport in lieu of a "No-Fee" passport.

Regular Fee Passport -- A regular "Full-Fee" passport is issued by the Department of State for any citizen performing travel not covered by the previous paragraphs; for example, tourist travel, travel under orders sponsored by other than appropriated funds, travel while on leave, travel by military persons who are retiring to a residence abroad, etc. The passport office, under the Department of State, controls the issuance of passports and makes final determinations about the type of passport to be issued in each case. The Passport Agency is located in the Federal Building on Bishop Street in Honolulu.

PROCEDURE

Marine will always be issued an individual passport and cannot be photographed with a dependent. Photos can be taken on base under certain circumstances, they include diplomatic, no-fee and official passport photos. If desired, individual passports may be issued to each dependent. Children under six years of age must be photographed with the mother if a group passport is preferred and is specifically requested; however, this type of passport is discouraged. While serving overseas, Marines and their dependents may use their diplomatic, official and "no- fee" passports for tourist travel, as long as they can obtain tourist visas. If not, regular fee passports must be obtained. It cannot be overemphasized that ample time for processing an application for a passport must be allowed --so plan ahead. Service members and their dependents seeking information or applying for passports may obtain information, forms and passport applications at http://travel.state.gov/passport/passport_1738.html

When you rent a house or apartment, you create a legal relationship between yourself and the landlord. Sometimes this relationship is embodied in a written contract called a lease and sometimes there is no written contract at all. A lease is an agreement between the landlord and tenant outlining the duties of each. You can avoid future problems by carefully choosing where you rent or lease. Make sure you can afford the house or apartment. Take your time when looking for a place; shop around. When you find a place you like, walk around the entire area. If it is an apartment complex, talk with other tenants about the landlord, maintenance and repairs, and the condition of the various complex facilities. Check out the local schools, stores, and neighborhood. View everything twice, once during the day and once at night. The local police can provide crime statistics for the neighborhood you're interested in. If you have a problem that is not answered below, contact Legal Assistance for professional advice.

ORAL AGREEMENTS

An oral agreement between the landlord and tenant usually provides that the tenant occupy the premises on a "month-to-month" basis. Either party can terminate the agreement by notifying the other party in advance in an amount of time equal to 28 days. For example, notification of termination would be required in advance if the agreement provides 28 days for rental on a month-to-month basis. You are also entitled to a 45-day notice if the landlord wishes to raise the rent and if the agreement is month-to-month. The notice of rent increase must be in writing. Oral agreements are more difficult to prove than written ones and thus, are, highly discouraged. A written agreement can also provide for a month-to-month term lease.

WRITTEN LEASES

A lease allows the tenant to occupy the premises for a fixed period of time. A lease generally terminates on the date specified in the lease itself. Some leases require the tenant to provide notice of the termination; so always read the lease carefully. During the term of the lease, the landlord may not raise the rent unless the lease contains a provision giving him/her the right to do so.

Study your lease carefully. If you don't understand something or have problems with certain lease provisions, contact the Legal Assistance Office. Leases are difficult to invalidate once signed. If you leave before the end of your lease term, you are liable for the remaining payments on the lease. This may become a problem for military members who may, unexpectedly, be required to leave the area. Including a "military clause" in the lease can alleviate this problem.

MILITARY CLAUSES

For service members, no lease or rental agreement should be signed without a military clause. A military clause permits you to cancel the lease in the event of orders to move into government housing, transfer orders, or an early discharge. The following is a sample military clause:

It is expressly agreed that the tenant or the landlord may terminate this lease upon a 28-day written notice, without any penalty, in the event the tenant receives permanent change of station military orders directing him/her to leave the MCB Hawaii, the tenant receives an early discharge from the military service, the tenant is designated and accepts orders to move into government quarters or if the member is ordered by his/her command to vacate his/her present housing and to move into a military barracks.

A recently enacted federal law, the Servicemembers’ Civil Relief Act (SCRA), provides some, but not all, of the protections that are afforded in the military clause of a residential property lease. Please see the above referenced link for additional information.

DEPOSITS

A landlord will frequently request various "cleaning", security and other deposits before accepting a tenant. The landlord must return your deposit no later than 14 days after you have moved out. However, there are circumstances when a landlord can keep all or part of your deposit:

To remedy defaults in rent payment;

To repair damage to premises caused by the tenant (this does not apply to repair of damage due to "ordinary wear and tear");

To clean the premises, if necessary, when the tenant leaves; and

If the rental agreement allows it, to pay for the tenant's failure to restore or replace personal property. In order to protect your deposit, you will want to take an inventory of damages you observe on the premises before you move in. Sign this inventory, give a copy to the landlord and retain the original. By doing this, you will ensure that your deposit is not used to repair damage you did not do. Also, no deposit can automatically be made "non-refundable". The landlord must return the security deposit within 14 days. If the landlord intends to retain any moneys, he has to notify the tenant within 14 days, in writing. The landlord must explain why he is retaining money. A tenant must be provided with copies of all bills for damages, etc., when he requests those bills.

REPAIRS

The landlord must provide a place that is fit for human occupancy. This is called an "implied warranty of habitability" and is present in every lease and rental agreement. The landlord's minimum obligation is as follows:

There must be no leaks when it rains, no broken doors, and no broken windows;

The plumbing must work, including sewer hook-up and running hot and cold water;

The heater must work and be safe;

The lights and wiring must work and be safe;

Floors, stairways, and railings must be in good repair; and

The premises must be clean, with no trash or garbage and no rats, mice, roaches, or other pests.

When one of the above situations arises you must notify your landlord, preferably in writing. You must give the landlord a reasonable time to make repairs. If the landlord does not make repairs in a reasonable time, you may be able to make them yourself and deduct the repair expenses from the future rental payments. The maximum amount allowable is $300.00 that may be deducted from your rent for repairs. However, never move out or withhold rental payments without consulting Legal Assistance or a private attorney.

EVICTION

A landlord cannot physically remove a tenant without following a strict legal procedure. The procedure is known as an "Unlawful Detainer Action," and it requires four steps before it is proper:

The landlord must have a legal reason to want an eviction, such as failure to pay rent or live up to a term of your agreement;

The landlord must notify the tenant of the breach of the contract;

The landlord must give the tenant at least 10 days to remedy the breach; and

If the tenant fails to respond, the landlord may bring a summary proceeding for possession of the rental unit.

There are certain actions that landlords may not practice to remove a tenant from the premises:

The landlord cannot disturb the tenant's quiet enjoyment of the premises by playing loud music at all hours or other similar methods of disturbance;

The landlord cannot cut-off utilities, unhinge doors, or chop down stairways;

The landlord cannot enter the premises and rummage through your personal belongings (except in emergencies or with your consent); and

The landlord cannot hire private individuals to physically remove you from the premises.

For more information on landlord/tenant rights in Hawaii see the governing Landlord-Tenant Code in Hawaii Revised Statute 521 http://cca.hawaii.gov/ocp/hrs-chapter-521/

The Legal Assistance team enhances the readiness, morale, and welfare of service members, their dependents, certain reservists, and retired service members by providing quality legal services in personal civil matters.

Email:
MCBH.LAO.SMB@USMC.MIL

Phone Numbers:
(808) 496-1829
(808) 496-6738

The Legal Assistance Office conducts United States Citizenship and Immigration Services (USCIS) briefs as needed. Please contact your chain of command to be added to the roster for the USCIS brief.

TRAFFIC LAWS

With the increase in the number of registered vehicles and licensed drivers, the need for good driving habits has never been greater. Good driving is not instinctive, it must be learned through constant practice motivated by sincere desire and effort to be a skillful and considerate driver. Experience alone is important, but not enough. The skillful driver combines knowledge of traffic laws, safe driving practices, and constant observance with the ability to anticipate and cope with unexpected situations and a consideration toward other drivers and pedestrians.

OPERATOR'S LICENSE AND DRIVING RECORD

A license to operate a motor vehicle on a public highway is a privilege granted by the state and is not a guaranteed right. A person whose driving record indicates he is a hazard to himself or others will be subject to official suspension or revocation of his operator's license. In Hawaii, a point system is in effect whereby your driving privilege will be automatically suspended after accumulation of sufficient traffic violation points.

Most states maintain permanent and detailed files of all convictions of motorists within the state. A conviction in one state of a nonresident is usually filed not only in the state where the offense occurred, but also in the motorist's home state where it becomes a part of the motorist's permanent record.

Convictions of traffic offenses not only result in expensive fines, court costs, and placing your driving privileges in jeopardy, but they may also result in increased insurance rates and civil responsibility to others for damages in the event of an accident.

DRIVING UNDER THE INFLUENCE (DUI)

One of the most serious traffic offenses is driving a motor vehicle while under the influence of intoxicating beverages or drugs.

Implied Consent: Any person who drives a motor vehicle on a highway shall be deemed to have given consent to a chemical test of his blood, breath, or urine for the purpose of determining the alcoholic content of his blood if lawfully arrested for any offense allegedly committed while the person was driving a motor vehicle under the influence of intoxicating liquor. A refusal to submit to or complete such a chemical test will result in the suspension of his/her privilege to operate a motor vehicle for 12 months.

An initial conviction for DUI carries with it substantial fines and a possible jail sentence. The following are the penalties for a first--time DUI conviction:

 A fine of not less than $150.00 but not more than $1,000.00 and/or not less than 72 hours of community service and/or not less than 5 days in jail.

• Mandatory alcohol education school; and 

• Mandatory 90 days suspension of license.

The following are the penalties for a second DUI conviction within five years:

• A fine of not less than $500.00 but not more than $1,500.00;

• 5 day minimum to 14 day maximum jail time and/or 240 hours of community service; and

• Mandatory one year suspension of license.

The legal limit for intoxication in Hawaii is 0.08- alcohol content. Remember, you can receive a DUI for less than 0.08 blood--alcohol if your driving is impaired by the alcohol you have consumed.

 A DUI will be expensive. Also, driving under the influence can cause death or injury to you and others. DO NOT DRINK AND DRIVE; it is simply not worth it!

MCBH POLICY ON DUI

Anytime the military police have probable cause to believe you have been drinking, you will be tested. Probable cause could include the smell of alcohol on your breath as you drive up to the gate. If you are found guilty of DUI on base or are found guilty of a violation off--base, you will lose your base driving privilege for one year, in addition to facing criminal sanctions under the Uniform Code of Military Justice (UCMJ). 

REPOSSESSIONS

When you purchase an item on credit the seller usually retains a "security interest" in that item. In other words, the item serves as "collateral" securing the debt created by its purchase. If you fail to make your payments (default) or commit some other serious breach of the sales contract or loan agreement, the creditor may repossess the collateral. Repossession is a self- help remedy; that is, under the proper circumstances the creditor does not need a court order to seize the collateral. The creditor then sells the property upon repossession to satisfy the debt. You are still responsible to pay the difference between the resale of the property and the remainder of the debt. The exception to this rule is the foreclosure on a primary residence, house, or mobile home where the debtor does not have to pay the deficiency.

LIMITATIONS ON THE RIGHT TO REPOSSESS

The creditor must repossess without breaching the peace. He cannot break into your home or commit other acts amounting to trespass. He cannot use or threaten to use violence. If you are present at the attempted repossession and the creditor seizes your property, despite your clear protests, he is breaching the peace. The repossession is illegal. You do not have to resist violently. Just forcefully state your objection.

Law enforcement officers cannot assist the creditor in making a repossession. A threat to "come back with the sheriff" is an empty threat. A distinction is in order here. Law enforcement officers can seize property for a creditor with a court order. If the creditor has a court order, peacefully relinquish the collateral.

Suppose a creditor attempts to repossess your car. You protest. He leaves without the car to avoid a breach of the peace. Unless you pay your debt quickly, your victory is probably a temporary one. The creditor can still repossess your vehicle anytime you leave it unattended in a public place. One protest does not completely terminate the creditor's repossession rights. If you do manage to completely frustrate the attempted repossession, the creditor can still get the collateral by obtaining a judgment and a court order. Unless you dispute the amount owed, or if you believe you can pay your bill soon, it is often in your best interest to allow repossession of the collateral.

AUTOMOBILE REPOSSESSION

If your automobile is repossessed, there are certain statutory requirements that the person or institution repossessing your car must fulfill before the repossession is valid and the deficiency amount still owing is collectible. The following is a summary of Hawaii law which must be followed by the repossessing agency.

The repossessing agent must give you written notice.

The notice of sale must tell you how much you will have to pay to get your car back. It must also tell you where you can pick your car up. You may have the right to reinstate the loan even if you have fallen behind in the payments.

The best rule, however, is not to wait until your car is repossessed. If you are having financial problems, try to get another buyer for your car, or call the bank or institution which has financed your car, if possible. Do not wait until it is too late.

Authority from the Office of the Staff Judge Advocate is required for repossession on the Base.

Standard Operating Procedure for Repossession of Privately Owned Vehicles per Base Regulation 2002, Section 3, 1 June 2005

(1) In order to protect the legal rights of both the debtor and creditor and maintain peace and security aboard the Base, both voluntary and involuntary repossessions of personal property located onboard the Base will be coordinated through the Legal Assistance Office.

(2) The Officer in Charge or Non Commissioned Officer in Charge of the Legal Assistance Office shall act as the liaison between the creditor or his repossessing agent and the service member/debtor. All on-Base repossession actions shall be effected at a time and place directed by the Legal Assistance Office. This will be accomplished only after presentation of all appropriate legal documents by the creditor or repossessing agent. Repossession actions effected off-Base are not governed by this Order.

(3) Commanding officers shall immediately contact the Provost Marshal's Office to detain and escort off-Base any creditor or repossession agent who fails to have written authorization from the Legal Assistance Office in his possession. When in doubt, commanding officers should detain the individual and call the Office of the Provost Marshal to determine if the individual has obtained permission to come aboard the Base for the specific repossession action; then contact the Legal Assistance Office for further guidance.

(4) Marine Corps Base Hawaii will not assist in the repossession of vehicles owned by Marines or Sailors deployed or involved in military exercises which may materially affect their ability to participate in judicial proceedings.

(5) Representatives of any activity desiring to repossess privately owned vehicles located aboard the Base must comply with the following provisions:

(a) Notify the Legal Assistance Office concerning a possible repossession of the member's vehicle;

(b) Request that the member be sent to the Legal Assistance Office to discuss his or her rights with respect to repossession of personal property;

The Legal Assistance Office will ensure that the debt or obligation did not arise before the debtor entered military service. If the obligation was incurred before entering military service, the Legal Assistance office will deny all involuntary repossession efforts by the repossessing agent.

(c) If the member choose to voluntarily turn the vehicle over to the repossessing agent, they will do so at the parking lot of Building 215, Legal Services Center.

This Order does not apply to voluntary repossessions consummated at the creditor's place of business -- off Base.

(d) The repossessing agent will obtain a visitor's pass at the Pass House at the H-3 Gate, MCB Hawaii, or building 601, Camp Smith. The Provost Marshal's Office will issue a pass to permit the repossessing agent to proceed to the Legal Services Center, building 215, MCB Hawaii or building 601, Camp Smith.

(e) Legal Assistance Office will ensure that copies of the following documents are provided by the repossessing agent prior to repossession of the vehicle (i) Title; (ii) Contract; (iii) Statement of default from the loan/credit company; (iv) Authority to repossess from the loan/credit company; (v) Repossession agent's name, business address, telephone number and organization (license); (vi) Court order (mandatory in case of involuntary repossession).

(6) After ensuring that proper documentation is provided, a repossession authorization form will be completed, original and 2 copies. The Original will be given to the repossessing agent; one copy will be given to the Office of the Provost Marshal; and one copy will be retained at the Legal Assistance Office.

(7) If the repossession is involuntary, the following guidelines will apply:

(a) Authorizations are valid for 24 hours from the time it is issued. If additional time is required by the repossessing agent, they will return to the Legal Assistance Office to update their authorization.

(b) Repossessions will be permitted only between the hours of 0730 and 1800.

(c) The repossessing agent will be escorted to the site of the vehicle by a member of the Provost Marshal's Office; and the military policeman will conduct the following tasks:

Verify that the vehicle's identification or license number comports with the vehicle to be repossessed.

Remove all armed forces decals from the vehicle after recording the data appearing on them.

Record a description of the vehicle's physical condition at the time of towing, noting any apparent defects or damage.

Record the location on the Base from which the vehicle is removed.

Take into custody any property present in or on the vehicle which appears to belong to the government or to the owner of the vehicle and which can be obtained without damaging the vehicle. Any such property shall be released to a representative of the unit to which the vehicle's owner is attached.

Once the above actions have been accomplished, the repossessing agent will be escorted off the Base by a military policeman.

(8) The facts recorded in connection with any vehicle repossession on the Base shall be submitted in the form of a report classified as "Vehicle Repossession", such report to be maintained on file at Provost Marshal's Office as an aid to personnel attempting to locate their privately owned vehicles and as a means of clearing reports of motor vehicle theft in which the vehicle has been repossessed vice stolen.

(9) The decision to deny permission to repossess a vehicle on board the Base shall be made at the Legal Assistance Office and that fact shall be recorded along with the surrounding circumstances and the basis upon which such denial was based. The unavailability of military police personnel due to other commitments does constitute grounds to postpone or cancel the repossession.

REDEMPTION

Once any property is repossessed, you may still have an opportunity to "redeem" it from the creditor. To redeem repossessed property you must pay:

1. The entire debt secured by the property, unless the creditor agrees otherwise;
2. Expenses incurred by the creditor making the repossession; and
3. The creditor's reasonable attorney's fees and legal expenses.

FORECLOSURE

Few debtors are in a financial position to redeem their property. Usually the creditor "forecloses" on the collateral. There are two types of foreclosure:

1. Strict Foreclosure: The creditor gives you 21 days notice that he intends to keep the collateral in satisfaction of your debt. If you do not object, the creditor keeps the collateral and your obligation is ended. If the collateral is worth significantly more than the debt you owe, you should object to the strict foreclosure.

2. Foreclosure by Sale: The creditor gives you notice that he will sell the collateral. If he receives more than you owe, he must give the remainder back to you. If sale of the collateral yields less than your debt, the creditor can require you to pay the amount of the deficiency. You may end up making payments on something you no longer own.

A power of attorney delegates your power to take or do certain legal action to another person. As long as the person holding the power of attorney acts within the limits of authority stated in the document, then you are bound by those acts. However, it is important to note that a business or institution is NOT obligated to permit your agent to act on your behalf simply because they have a duly executed power of attorney. Therefore, the best policy is to contact those businesses and institutions with whom you want your agent to interact in order to find out their internal policies on powers of attorney.

People who are not present to transact business requiring their signature most frequently use a power of attorney. A power of attorney can be as broad or as narrow as one's particular needs require. There are two basic types of powers of attorney:

General Power of Attorney: A general power of attorney gives a designated person all of your power to contract. A general power of attorney is a broad grant of authority, almost unlimited.

Special Power of Attorney: A special power of attorney authorizes another person to do only the specific acts mentioned in the document, such as the sale of an automobile identified by its license number, vehicle ID number, make, and model. Realtors require that a special power of attorney be used to complete a real estate transaction. In addition, most financial institutions will only allow an agent to access financial accounts with a special power of attorney.

USES

Powers of attorney are subject to abuse. Only give it to someone who you absolutely trust and confide in. Remember, the holder of your power of attorney will be acting in your name.

In many instances, the third parties to your transactions will lack confidence in a general power of attorney simply because it does not specify the particular transactions for which it is granted. They may believe that you will not honor the actions of the holder without the threat of court action. This is another reason for using a special power of attorney whenever practicable. It is also helpful to show the power of attorney to those businesses and individuals with whom your holder will be dealing. Sometimes a business may require you to use a power of attorney format that they have approved beforehand. Third parties may deny use of the Power of Attorney as a matter of policy.

 A power of attorney ceases to be operative upon the death of either the person who grants the power or of the holder of the power. The power may also be revoked by its own terms through a stated time limitation mentioned in the Power of Attorney, or it may be terminated or revoked at any time by giving notice to the holder of the power. Give notice of revocation to both the holder and to all persons dealing with the holder. If you recorded the power of attorney you must also record the revocation.

There are limitations on a power of attorney. You can not sign another person's will or vote for another person using a power of attorney.

WHO DOES NOT NEED A POWER OF ATTORNEY

Natural parents do not need powers of attorney to check their children in the hospital. An In Loco Parentis power of attorney (authorization for medical treatment) is not necessary as long as the parent has a military ID.

If the names of both husband and wife appear on a vehicle's registration, neither spouse needs a power of attorney to drive that vehicle.

If checks are drawn on a joint checking account, even if there is direct deposit to the account, neither check-cashing nor check writing requires a power of attorney.

LEGAL ASSISTANCE POLICY

Legal Assistance recommends that powers of attorney be as limited as possible in both their scope and duration. Toward that end, powers of attorney are not drafted for a period exceeding two years. Additionally, if your power of attorney is intended for use in a state other than Hawaii, please bring that fact to the attention of Legal Assistance, especially in cases involving land transactions.

Revocation of a power of attorney

Hawaii Revised Statute § 551D-4. Power of attorney not revoked until notice.

Statute text:

(a) The death of a principal who has executed a written power of attorney, durable or otherwise, does not revoke or terminate the agency as to the attorney in fact or other person, who, without actual knowledge of the death of the principal, acts in good faith under the power. Any action so taken, unless otherwise invalid or unenforceable, binds successors in interest of the principal.

(b) The disability or incapacity of a principal who has previously executed a written power of attorney that is not a durable power does not revoke or terminate the agency as to the attorney in fact or other person, who, without actual knowledge of the disability or incapacity of the principal, acts in good faith under the power. Any action so taken, unless otherwise invalid or unenforceable, binds the principal and the principal's successors in interest. History [L 1989, c 270, pt of § 1].

PRE-DEPLOYMENT BRIEFS, WILLS and POA BRIEFS

The Legal Assistance Office is available to conduct Pre-deployment Briefs, Wills and POA Briefs, and Service member Spouse Briefs for deploying units aboard Marine Corps Base Hawaii. All requests for legal briefs shall be directed to the SNCOIC, Legal Assistance.

At least two weeks prior to the requested date, the request form  must be completed and returned to our office: Legal Service Center, MCB Hawaii, Bldg 215, Room 122.

Among the areas addressed by the Servicemember’s Civil Relief Act (SCRA) (internal link) discussed earlier is taxation. The SCRA benefits the service member by exempting your service pay and personal property from taxation by the state where you are stationed; however, you are subject to the income tax and personal property tax of your home state, your state of domicile (see section entitled DOMICILE) (internal link). Some states exempt service members from state taxes. Check with your administration section and your home state tax department to determine if you are exempt.

To obtain forms or information about HAWAII'S DEPARTMENT OF TAXATION, visit their site.

Federal forms or general information on the IRS.

MAINTAINING RECORDS

You are responsible for paying all appropriate state and federal taxes. You should have copies of both the federal and state tax returns you filed for the last six years. If you do not file your taxes you may forfeit your refund. Penalties are also imposed for the late payment of taxes. It is a federal crime to evade federal taxes or not filing when you had a duty to file. Therefore maintaining your records is very important.

Will Worksheet (With Children)

Will Worksheet (No Children)

Why Do You Need A Will?

A will disposes of your property after your death. If you die without a will, state statutes of descent and distribution, called "intestacy" statutes, establish the order in which your relatives inherit your possessions. These intestacy statutes differ from state to state, but the general order is:

1. spouse and natural or adopted children and their descendants;

2. parents; and

3. brothers and sisters and their descendants.

If you die without a will your state of permanent residency decides which of your relatives gets your property. If you have a will, you make that determination.

It is important to remember that not all property passes by will. Insurance passes directly to the named beneficiary. Property titled jointly with a right of survivorship automatically passes to the surviving owner. If possible, it is generally in your heir's best interest to pass property outside your will. This makes the probate process simpler, faster and less expensive. Consult Legal Assistance for further information on this subject.

A will also serves two purposes beyond disposition of property. First, and most importantly, it allows you to name a guardian for the person and property of minor children who may survive you. A will also gives you an opportunity to express special burial preferences and name a personal representative/executor. A personal representative/executor is the individual who will settle all of your outstanding debts and coordinate your funeral arranges. Spouses typically name one another as their personal representative/executor for efficiency and convenience purposes. However, also consider naming an individual other than your spouse in order to allow your spouse a sufficient period of time to grieve your passing.

Not every service member needs a will. Every service member needs an estate plan that passes their property upon their death in a manner that is satisfactory to them and contemplates how minors that were in the custody of the decedent will be cared for.

Legal Assistance

Legal Assistance will prepare a will for any service members and their dependents. If you do not have a will, ask the Legal Assistance Office to determine if you are a likely candidate. If you are, you will be provided with a will application packet to complete. If you are a married couple and you both desire wills, you must also read and sign the conflict consent sheet and return it to the office along with the will questionnaire. You will also have the opportunity to consult with an attorney prior to executing your will. If you already have a will, a Legal Assistance attorney will review it, and revise it as needed.

A will drafted by Legal Assistance is a professional legal document designed to be valid in the state that the decedent claims as his or her legal residence.

The Law of Wills

Generally The law of wills is a highly complex legal area. It cannot be fully explained in a publication of this nature.

A few basic terms and concepts are explained below.

1. Probate

"Probate" is the process by which a state court supervises the accounting of a decedent's (the deceased) estate, the payment of debts held by the decedent, and the distribution of the remaining estate. All wills must be probated. If the court finds the will valid, the court will follow the decedent's directions in the will, including the property distributions. If there is no will, the probate process is still required to distribute property by the laws of intestate (without a will) succession.

2. Executor/Executrix

The executor of a will is the decedent's personal representative. With court approval, the executor gathers and distributes the estate's assets and pays the estate's debts. A highly responsible person most familiar with your affairs, generally makes the best executor. Therefor, spouses generally appoint one another as executors. Always appoint an alternate executor in your will.

3. Bequests

A bequest is simply a gift made under a will. You may make "specific" bequests of your property. For instance, your will may state "to my brother, John, I give my coin collection." You may also make "general" bequests of stated amounts of money. Finally, you may give the rest or "residue" of your estate to a person or persons in whatever share or percentage you desire. This is known as a "residuary" clause or bequest. You may attach conditions to any bequest so long as those conditions are not illegal and do not violate public policy.

4. Revocation

A will remains effective until it is revoked. The best method of revocation is a new will which expressly revokes all previous wills. You can also revoke your will by destroying it with an intention to revoke. Do not attempt to alter your will with a pen change and do not remove the staples that bind the pages of the will in order to make a copy of it because this will also invalidate it.

Review your will annually. If you think it needs revision, contact Legal Assistance. If you marry, re-marry, divorce, have children or want to disinherit an immediate relative, you should obtain a new will.

5. The Importance of Safekeeping

As soon as it is executed, the original will should be placed in a safe place where it will be readily available at the time of death, and where it will not be accidentally lost or destroyed. A metal fireproof box can be used for this purpose. This is also a good place to keep valuable papers such as deeds, automobile titles, insurance policies, leases and written contracts. Do not keep your will in a safe deposit box because it is sometimes difficult to obtain the necessary authorization in order access those boxes after the death of the primary account holder. Lastly, ensure that you indicate on the Emergency Data Sheet that you complete for your S-1 where your will is located and that your personal representative/executor has access to it.