|
In the world of criminal defense, there are attorneys who look for the path of least resistance, and then there are attorneys who look for the fight. Over the last 20 years, I’ve had the privilege of knowing one of the latter: Attorney Guy Matsunaga. |
|
If you know Guy, you know the temperament. He is intensely competitive. Whether he’s defending a client in the courtroom or sitting across from you, just talking about a pending indictment, the man simply does not like to lose. |
|
When Innocence Meets Conviction |
|
One of the hallmarks of Guy’s practice is his direct, uncompromising approach to client care. He leverages every maneuver, every shred of case law, and every instance of procedural misconduct or prosecutorial unreadiness to push for the only outcome he considers acceptable: a full dismissal. |
The State v. Johnson Strategy: Moving the Goalposts |
|
Last week, that refusal to back down resulted in a major win. At A-1 Bail Bonds, I bailed out a client facing a highly contested Habitual DUI charge—a Class C felony where the client’s livelihood was entirely on the line. I knew this client needed a dismissal to keep their job. I referred him to Guy, and he didn't just walk into court hoping for a reduction; he came armed with a strategic, case-killing argument. |
|
Mr. Matsunaga knew about fellow top-tier attorney Alen Kaneshiro's case: State v. Johnson. |
Here is the breakdown of how he won for the law school geeks reading this: |
- The Old Law: Prior to 2019, Hawaii law required a defendant to accumulate four DUIs within a five-year window to trigger a Habitual DUI felony charge.
- The 2019 Amendment: The legislature shifted the goalposts. They doubled the look-back window to ten years and lowered the threshold to just three DUIs.
|
The fatal flaw, as Guy successfully argued, lies in the court's own paperwork. Before 2019, when a defendant signed a "change of plea" form for a DUI, the courts explicitly instructed them that they had four strikes within five years before facing a felony. |
|
Mr. Matsunaga argued that holding a defendant to the new, stricter standard of three strikes in ten years is a fundamental violation of due process: a court simply cannot affirmatively advise someone of the rules in writing, lock in their plea agreement, and then retroactively change the math on them years later. |
By successfully litigating this due process violation, Mr. Matsunaga didn't just negotiate a "good deal"—he secured a full dismissal, and our mutual client was back at work; crisis averted! |
A Note on Breaking Bread with Hawaii’s Top Attorneys |
|
I’ve had the privilege of getting to know many of Hawaii’s top attorneys on a personal level. For the absolute best of them, the law isn't just a paycheck—it’s a calling. |
Much like how the homies and I talk sports in the barbershop, I hear these attorneys talking shop off the clock: debating defendant rights, dissecting police arrest protocols, and breaking down the legalities of procedural misconduct and how to leverage those deeds for acquittals. It is obvious to me that Guy is one of these truly passionate practitioners. |
|
Side Note: Let's give a quick shout out to attorney Alen Kaneshiro for doing the heavy lifting on State v. Johnson; it was his legal precedent, which secured this particular acquittal and many others may be eligible to use this defense. It’s exactly this kind of professional respect that defines the top tier of our local legal community—advocates recognizing the brilliance in a fellow advocate’s work. |
|
|
Whether it’s maneuvering through complex statutory shifts or defending a client’s future when everything is on the line, Guy Matsunaga fights. And for those of us who have seen him in action, we know one thing for certain: he’s a guy who just won’t lose. |
|
Until next time, stay informed and keep fighting the good fight. |
— Jail Mail Nick |
