If you’re facing any theft charge involving a motor vehicle, you need a defense attorney. The consequences of a conviction include a permanent criminal record, hefty fines, incarceration, probation, difficulty getting a job, ineligibility for certain professional licenses, and much more. A motor vehicle theft conviction will come up every time someone runs a background check. It can make it exceedingly hard to move forward in life, long after you’ve completed your sentence.
Once Michael Fayard takes on your case, he’ll get all the facts. He will gather and assess all the evidence, looking at the case from every angle. He’s honest about the facts that support or hurt your defense. He’ll also be honest with you about your options and the best- and worst-case scenarios.
His goal will be to beat these charges. In some cases, he can find a way to have the charges dropped or dismissed. But if the prosecutor moves forward, his next goal might be to win an acquittal at court. Not all charges can be overcome, though. If a conviction is likely, attorney Fayard will talk with you about a plea bargain or other ways to mitigate the consequences of a conviction.
If you aren’t sure Michael Fayard is the right theft defense lawyer for you, take a look at his background and case results. He has handled all types of cases, from civil and criminal to administrative and military. He also has experience on both sides of the courtroom, and his history as a prosecutor gives him a leg up. He knows prosecutors build their cases, which means he knows how to tear them down.
It’s impossible to win every single case, but attorney Fayard has a track record of getting favorable results for his clients. If you’re wondering what he can do to help you, call him at 808-445-6708.
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.
Instead of being charged for motor vehicle theft under Hawaii’s theft law, there’s a more specific statute. Under Hawaii Revised States (HRS) §708-836, you can be charged with a Class C felony if you intentionally or knowingly exert unauthorized control over another person’s propelled vehicle by operating that vehicle or changing its identity without the legal owner’s consent.
This statute differs from Hawaii’s theft statute in several ways. It doesn’t say you have to intend to deprive the owner of the vehicle. That means you could take someone’s car for a joy ride, intending to return it, and still be charged.
If you are being accused of stealing a car in Hawaii, call a criminal defense lawyer right away. Michael Fayard can help you clear up a misunderstanding or a mistake of identity as soon as possible. But that isn’t something you should do on your own. Instead of explaining to the police, invoke your right to remain silent and call an attorney.
A propelled vehicle could be an automobile, airplane, motorcycle, boat, or any other motor-propelled vehicle. You can be charged with a felony if you steal someone’s moped or jet ski. This law isn’t just for cars and trucks.
First Degree Unauthorized Entry Into Motor Vehicle: You can be charged with a Class C felony if you intentionally or knowingly enter or stay in a motor vehicle, without being invited, licensed, or otherwise authorized to do so, with the intent to commit a crime against a person or property.
Second Degree Unauthorized Entry Into Motor Vehicle: You can be charged with a misdemeanor if you intentionally or knowingly enter into a motor vehicle without being invited, licensed, or otherwise authorized to do so.
The difference between first and second-degree UEMV is whether or not you intend to commit a crime. It doesn’t matter what crime. It could be assault, sexual assault, or theft. But whether or not you intended to commit a crime can be difficult for a prosecutor to prove. That’s why you should call a lawyer as soon as possible if you’re charged with first-degree UEMV. Attorney Michael Fayard will fight to have the charges dropped or reduced to second degree UEMV.
You could be charged with unauthorized entry into someone’s car even if you didn’t get fully in the vehicle. Entry means the least intrusion into the vehicle with the whole body, any part of the body, or any instrument used to commit a crime. Even just reaching in through someone’s window could lead to these charges.
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If you’re convicted of a Class C felony, you can be sentenced to up to five years in prison and fines up to $10,000. If you face a misdemeanor, you can spend up to one year in jail and pay fines up to $2,000.
There are ways to defend yourself against this charge. It’s best to have a lawyer review your case’s facts and weigh the pros and cons of different defense strategies. What might work in one case might not work for you.
One possible defense to either UCPV or UEMV is consent. You might be able to successfully claim the vehicle owner gave you explicit or implicit consent to enter the vehicle or use it. Another defense is that you believed you had an ownership right to the vehicle.
It could be that you’re innocent! You might be wrongfully charged with a crime someone else committed. In this case, attorney Fayard might strive to establish your alibi and distance you from the offense.
Another defense is coercion or duress. Were you acting under the force of threats or violence? If you did what you had to do to protect yourself or someone close to you, tell a lawyer right away.
When you’re accused of stealing a car in Hawaii, the best thing to do is call a lawyer. Michael Fayard is an experienced theft attorney. He’ll work tirelessly to get the best results possible in your case. To learn more about Hawaii law, your options, and how to move forward, use the online form or call 808-445-6708 to schedule a free consultation.