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.
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:
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 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.
Hawaii law also makes the use, sale, and possession of drug paraphernalia illegal. These are separate from charges for the drugs themselves, and refer to anything used to grow, harvest, process, sell, store or use illegal drugs.
Under the Drug paraphernalia laws prohibited items include things like rolling papers, pipes, syringes, baggies, and scales. You do not even need to be in possession of illegal drugs to be charged:
Previously, drug paraphernalia was charged harshly as a felony, but recent changes in the law have reduced it to a violation with a max fine of $500. And while this is good news, it is still a complication to any drug case.
One of the best ways attorney Fayard can deal with drug paraphernalia and any other drug charge is by attacking the search. By proving that probable cause didn’t exist, you can limit the evidence and pursue other favorable outcomes.
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.
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.
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:
Marijuana Cultivation Penalties:
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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.
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.
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:
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.
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