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P. Simmons
P. Simmons, Lawyer
Category: Criminal Law
Satisfied Customers: 33095
Experience:  16 yrs. of experience including criminal law.
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Aloha, I live in hawaii on Maui...last night when at a local

Customer Question

Aloha,
I live in hawaii on Maui...last night when at a local bikers bar a retired Maui policeman threaten me"I will burie you". When I told him he wasn't a cop anymore this really made him upset as he kept yelling in my face "f**k you your a piece of shit lets take this outside"I Told him that I was going to call the cops on him for terrorist threating I went out side to have a smoke and was considering calling police when he came outside and I went to ask him why he was so angry with everyone and he punched me in the jaw and swung at me again missing because I was ready that time...so I called 911..and he was on the phone shortly after I got the 911operator on the phone...when police arrived he told them that if they bran game dog to sniff my bag and jacket that they would find drugs...bs of course but anyway for 1.5hours there after and 10 different police officers crawling all over the bar area...and after refusing to let them search my stuff they finally said I could go...so how is it he breaks the law and assaults me...and I'm detained for nearly 2hours and he's standing there with a crowd of officers yelling let them look in your bag not in any trouble for assaulting or threatening me.....I said no because I did nothing wrong and felt they were doing the wrong thing by letting him turn this around and make it about the contents of my bag and not his actin gas what can I do to expose these corrupt officers and have him pay the price for being a drunken fool like any other normal citizen would. ******* ********
Submitted: 12 months ago.
Category: Criminal Law
Expert:  P. Simmons replied 12 months ago.

Hello! My name is ***** ***** I am a licensed attorney with more than 18 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help

Also, if you would like to chat on the phone, let me know and I can make that happen.

I am sorry for this dilemma Darren
Can you tell me, are the police prosecuting him for this assault?

Customer: replied 12 months ago.
Well I don't think so....after I was being detained for over an at that point I felt I was the bad guy and asked if I was indeed being detained and the officer at first said no so I then asked so I can leave then right...he said well no so I guess you are being detained....I said look can I un call you guys I wanna go home after seeing that they were trying to figure out how to see what was in my bag because Jamie the retired cop said I stashed the bag before they got there...I knew he was invincible on Maui and I was going to be lucky if I stayed outta jail
Expert:  P. Simmons replied 12 months ago.

Thank you
The one thing that is important to understand is that police have "discretion". They are not required to investigate any particular allegation. So you can not force them to arrest this guy.

That simply is not possible.

If they refuse to arrest, you could consider filing a civil suit for assault (seems you have a great case)

All that said, I would be surprised, given your description, including this guys status, that the would not arrest/prosecute.

What you are describing is clearly a crime. He can (and arguably should) be prosecuted.

If they are not prosecuting the case, I would contact the chief of police and complain. As a citizen you have every right to expect the police enforce assault laws.

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

Customer: replied 12 months ago.
In the state of Hawaii do the police prosecute an assault crime even if I at the time said no in fear I was going to be harassed more if I said I wanted to press charges? And could I change my mind today about 8.5 hours later because my chin has a lump and is bruised which when pictures were taking at the seen the cop taking the picture said he barely could tell in that light.
Expert:  P. Simmons replied 12 months ago.

In HI, like in all states, the police have discretion. You can not force them to prosecute any particular charge

Period
You can always request they prosecute...which is why I recommend you go back to the police and ask they do so. If you are requesting they prosecute and you have evidence of physical injury? I would be surprised to hear they refused to take the case.

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

Customer: replied 12 months ago.
Hey thank you sir your awesome! I love America and I really gotta be careful on this little island cause I'm worried they might start messing with me if I take it further... But I think I will go to the police station and request that he be prosecuted?
Expert:  P. Simmons replied 12 months ago.

Go get em! Seriously, my experience with the police (and I have interacted with police, at least on Oahu) is that they are reasonable. Go make the report and ask they prosecute this criminal assault.

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

Customer: replied 12 months ago.
Mahalos....one last thing if I sign up for the free trail I can follow up with you later? Is there a cost beyond what I've paid? Again Mahalo ***** ***** very helpful I wish I found this site years ago
Expert:  P. Simmons replied 12 months ago.

You can always ask for me...if you put " for PSIMMONS" in the question i will see it. I try and check the site daily.

Customer: replied 12 months ago.
Great thanks I'll rate this answer as awesome... Your very helpful have a great afternoon sir
Mahalo ***** ***** Aloha...
Sincerely,
******* *********
Expert:  P. Simmons replied 12 months ago.

Thank you much Darren

Best of luck with this mess

phil