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Big Ben (Ignacio) Wins Big Case

Serving Families Throughout Honolulu
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The Beginning: Mr. Ignacio’s Roots at Powerhouse Firm Hawk, Sing, Ignacio & Waters

*All Images are AI-created

There is a current generation of practicing attorneys who may not realize that at one time, Honolulu was home to a formidable criminal defense powerhouse: Hawk, Sing, Ignacio & Waters. Every named partner from that banner has gone on to forge an exceptional career:

  • Jeff Hawk: Ascended to the bench and now serves as a judge in the Third Circuit (Big Island).
  • Rick Sing: Commands headlines on high-profile matters, most notably defending Lieutenant Governor Sylvia Luke in her high-stakes public corruption and bribery case.
  • Tommy Waters: Stepped into local governance, shaping Honolulu policy across two prominent terms as City Council Chair.
  • Benjamin Ignacio: Continues doing what he has always done best—quietly and methodically delivering absolute masterclasses in criminal defense directly from the courtroom floor.

It was great to reconnect with Ben recently when a mutual client reached out to me very early in his proceedings. The client was raving about Mr. Ignacio’s sharp legal instincts, having just walked out of District Court with an outright dismissal on a multi-felony case.

The Anatomy of an Early Dismissal

The dismissal in District Court was a clinic in proactive trial work. The prosecution had leveled a slate of felony allegations, but Ignacio immediately seized on the fatal defect in the State’s case: the service of the predicate Temporary Restraining Order (TRO)—the very order that allowed otherwise misdemeanor conduct to be upgraded to felony charges.

While the police report asserted that an officer went to the residence and verbally read the terms, no signed confirmation of service had ever been obtained from the defendant. In Hawaiʻi courts, a mere verbal notice given outside a residence does not satisfy the standard of verified personal service confirmed by a signed return. Ignacio arrived at the preliminary hearing locked, loaded, and prepared to dismantle the state's foundation.

For the courtroom purists hoping for an extended legal treatise on service, Ignacio didn't even have to open his brief. When the preliminary hearing was called, not one of the State’s six subpoenaed witnesses appeared.

Thinking on his feet, Ignacio pounced on the State’s failure to proceed and promptly moved for an immediate dismissal. You can't help but chuckle at the irony: were the State’s own witnesses properly served with their subpoenas, or were they merely told about their court date in passing, just like the TRO?!

Law School Lesson: How a "Small" TRO Snowballs into a Felony

Even after more than 20 years in the arena posting thousands of bail bonds, I didn’t make the connection till last week: felony cases frequently start deceptively small.

When a protective order is active, the alleged violation operates as a statutory trigger that automatically elevates standard misdemeanor allegations into Class C felonies:

  • Assault in the Second Degree (HRS § 707-711(1)(h)(i)): What would normally be charged as a misdemeanor assault is upgraded to a Class C felony simply because the complainant is protected by an active court order.
  • Terroristic Threatening in the First Degree (HRS § 707-716(1)(f)(i)):Threatening allegations that routinely sit at the misdemeanor tier are bumped to Class C felonies under the umbrella of an active order.

Real-World Dynamics

As an example, there are many lover’s quarrels or domestic disputes that flares up over the course of most relationships. When the dust settles, the suspect explains they were acting in self-defense; meanwhile, the complainant tells responding officers they felt under duress and had to fight for their own physical safety.

From the exact same set of factual events, the retelling can satisfy the statutory elements of a assault. When an active restraining order sits in the background, a minor argument that would have been handled as a misdemeanor instantly balloons into multiple felony counts.

In this instance, cooler heads prevailed after the initial dispute, and the parties resolved their conflict organically without needing the state machinery. Often, public safety and personal accountability are achieved merely through the shock of the initial arrest, allowing an individual to learn from the scare and move forward. Thanks to Benjamin Ignacio’s swift work in District Court, this client avoided the meat grinder of Circuit Court entirely—reminding everyone once again that Mr. Ignacio remains one of the finest defense attorneys in Hawaiʻi.