Attorney Fayard Fights to Have Charges Reduced or Dismissed

Michael Fayard brings years of experience as both a former Assistant State Attorney in Florida, and a Deputy Prosecuting Attorney in Maui County. Now as a Honolulu defense attorney, he has a long history of getting serious drug charges dismissed and favorable verdicts at trial.

This insight from both sides lets him anticipate how the State is building a drug case against you. He’ll know when to challenge evidence, how to negotiate to have charges dismissed or reduced, and his experience in court could mean the difference in clearing your name.

Drug Charges on O’ahu

No allegation involving Controlled Dangerous Substances (CDS) should be taken lightly. But there is a lot an experienced and dedicated drug lawyer can do to help. Your charges may be based on inappropriate evidence, which could lead to a suppression motion or dismissal. Or you may be able to participate in a diversion program that may keep your record clear.

Let attorney Fayard explain your options if you’re arrested or investigated for:

  • Drug Possession
  • Drug Manufacturing
  • Drug Distribution
  • Drug Cultivation
  • Drug Trafficking
  • Prescription Drug Charges
  • Possession with Intent to Sell
  • Promoting a CDS
  • Drug Paraphernalia
  • Drugged Driving

Possession of Controlled Substances

When you’re charged with drug possession, a lot depends on what you were found with, how the contraband was found, and what circumstances lead to your arrest. There is a lot of room for error by the police in the evidence collection process. And law enforcement treat certain substances differently.

Hawaii divides controlled dangerous substances like cocaine, MDMA, ecstasy, meth, heroin, and marijuana into five “schedules,” based on their potential for harm.

  • Schedule I (Highest Potential for Harm): Opium derivatives, LSD, and Marijuana.
  • Schedule II: Cocaine, Methamphetamine, Adderall, and OxyContin.
  • Schedule III: Ketamine and Anabolic Steroids.
  • Schedule IV: Xanax, Soma, Valium, and Diazepam.
  • Schedule V (Lowest Potential for Harm): Codeine, Lomotil, and Motofen

Schedule I drugs are generally the most severely punished and schedule V the least. But other factors are considered too, such as the amount/weight of the drugs, how the substances are stored (e.g. in individual bags that looks like a sale is imminent), and your prior criminal history.

Attorney Fayard knows how urgent it is for you to address drug possession charges. By identifying flaws fast in how the drugs were found, identified, or measured could mean having the case reduced or dismissed.

Possessing Drug Paraphernalia

Hawaii has tough laws relating to the use, sale, and possession of drug paraphernalia. These are separate from charges for the drugs themselves, and refer to anything used to grow, harvest, process, sell, store or use illegal drugs.

Drug paraphernalia can include items, such as rolling papers, pipes, syringes, baggies, and scales. You do not even need to be in possession of illegal drugs to be charged:

  • Possessing drug paraphernalia is a Class C felony
  • Advertising drug paraphernalia is a Class C felony
  • Selling drug paraphernalia to a minor is s a Class B felony.

One of the best ways attorney Fayard can deal with drug paraphernalia charges quickly is by attacking the search. By proving that probable cause didn’t exist, you can limit the evidence and pursue other favorable outcomes.

Results

$1,550,000 Plaintiff’s Verdict

Michael was co-counsel representing a maritime worker that was injured when a negligent employee struck him in the head with a bell hammer attached to a crane. Pre-trial offer was $0.00.

$1,200,000.00 Plaintiff’s Verdict

SR v. TS, et al. – I represented an elderly client that was the injured and was the victim of fraud and theft by thieves using a forged power of attorney and forged deed. Pre-trial offer was $2,500.00.

Read More Results

Marijuana Laws in Hawaii

The possession of small amounts of marijuana was decriminalized in Hawaii effective January 2020. But aside from small amounts, it is still illegal to possess, cultivate, sell, or distribute marijuana in Hawaii.

Marijuana charges can certainly land you in jail if you’re not careful. But attorney Fayard will make sure your case gets the attention it deserves. He will challenge what was in your possession, dispute whether you were cultivating

Marijuana Possession Penalties:

  • Less than one ounce: up to 30 days in jail/ $1,000 fine
  • One ounce to one pound: up to1 year in jail/$2,000 fine
  • One to two pounds: up to 10 years in prison/$25,000 fine
  • More than 25 pounds: up to 25 years in prison /$25,000 fines

Marijuana Cultivation Penalties:

  • 25-50 Plants: Up to 5 years/$10,000 fine
  • 50-100 Plants: Up to 10 years/$25,000 fine
  • 100+ Plants: Up to 20 years/$50,000 fine
 
He is relentless to ensure his clients are well taken care of.”

- Cliff T

Drug Crime Penalties

Hawaii punishes drug convictions based on the CDS schedule, the amount, and factors like your criminal history or if minors were involved. This classifies drug crimes as either a class A, B, or C felony or a misdemeanor.

  • Class A drug felonies: up to 20 years in prison without the possibility of probation, and a fine of up to $50,000.
  • Class B drug felonies: up to10 years in prison and a fine of up to $25,000.
  • Class C Drug felonies: up to 5 years in prison and a fine of up to $10,000.

A misdemeanor drug charge is punishable by up to one year in jail and a fine of up to $2,000 and it carries the right to a jury trial. Lower-level, petty misdemeanors for drugs are punishable by up to 30 days in jail and a $1,000 fine and you do not have the right to a jury trial.

Living with a Drug Conviction: Additional Consequences

It’s easy to dismiss a drug conviction if it only means a few nights in jail, but the long-term impact of living with a drug conviction, even a misdemeanor, is a serious thing.

Whether it’s for felony drug trafficking or simple possession, a drug conviction:

  • Bars you from many jobs.
  • Makes you ineligible for certain programs.
  • Complicates immigration or leads to deportation.
  • Results in increased penalties if you are convicted of something else.
  • Could result in reduced/losing custody of your children.
  • You could lose the ability to get federal student loans for college or trade schools if you have certain drug charge convictions.

The Best Possible Defense for the Best Possible Result

While any of these are unpleasant and life-changing, by working with an experienced drug lawyer as soon as possible you can improve your case. Felonies can be reduced and charges can be dismissed with aggressive representation.

The plea being offered may spare you from jail, but a dedicated lawyer could find a better outcome. Afterall, the best way to avoid the consequences of a drug conviction is to not have one.

With attorney Fayard’s background and experience, he can find the flaws in how the evidence was measured since the amount involved is a large factor in how you’re charged. This alone could change your case from a felony to a misdemeanor.

There may also be issues with the search itself, which may limit or exclude evidence in your case. Or, you may be able to handle things in O’ahu Drug Court with community supervision and counseling instead of incarceration. No matter the situation, he’ll work hard and rapidly to find the best possible result.

Resources for Those Facing Drug Charges in Honolulu

Being arrested or investigated for a drug offense is scary and stressful. With this in mind, Attorney Michael Fayard works towards quick resolutions and make sure his clients have everything they need to put drug charges behind them.

Here are a few resources that may help if you or a loved one are charged with drug crime.

Hawaii Department of Corrections Inmate Search 10 Best Bail/Bond Services in Honolulu O’hau First Circuit Court Alcohol & Drug Treatment Centers on O’ahu