Frequently Asked Questions about Bail Bonds in Hawaii

What Information Should I Prepare Before Calling for Bail Bonds?

A few things are important to know before requesting bail bonds...you will want to prepare the following:

• The location of the person in custody
• Their name
• Their booking number
• The cost of bail

What happens if I violate my bail conditions?

A violation of bail conditions, also referred to as a breach of bail conditions, may result in:

• Being arrested
• A warrant being issued
• Being held in custody until another bail hearing

How Long Do Warrants Last in Hawaii?

In Hawaii, warrants issued before the Act's effective date are valid for five years from the effective date. However, a warrant can stay active depending on the type of warrant. A warrant in Hawaii may become inactive passing of time due to the statute of limitations for the type of crime.

Can You Get Bailed Out Of Jail After Sentencing?

After being sentenced into jail, a bail amount will be set. For major offenses, a judge will personally assess the person’s case before setting the bail amount. Smaller crimes, such as minor misdemeanors, typically have a pre-set bail amount in Hawaii and you can quickly be released from jail upon paying the bail amount.

What Does Indictment Mean in Hawaii?

An indictment in Hawaii is an accusation by a grand jury that a particular person has committed a felony. After the prosecutor presents evidence to the grand jury, they vote to agree whether there is sufficient evidence to formally charge the accused with the crime. If it is determined that there is enough evidence for an indictment, then a formal criminal complaint is issued and a court date is set for the defendant.

If you've been indicted in Hawaii, you should do the following:

1. Stay calm and seek legal advice.
2. Gather important documents related to your case, such as evidence or other paperwork that can be used in a defense.
3. Contact an attorney to represent you in court proceedings and provide guidance throughout the process.
4. Attend all hearings and court appearances as required, and follow any instructions provided by the judge or court personnel.
5. Exercise your right to remain silent until your lawyer has a chance to review the case against you.
6. Speak with witnesses who may have information relevant to your case, and obtain any necessary evidence or testimony for use in a potential trial or plea bargain negotiations.
7. Prepare for trial or plea bargain negotiations by fully understanding the charges against you and researching precedent cases that may have relevance to yours.
8. Follow any decisions reached through the judicial process, whether it is a sentence issued at trial or following a plea bargain agreement with the prosecutor

What Happens After a Grand Jury Indictment?

After a grand jury indictment is issued, the legal process continues, and several steps are typically taken as the case moves forward. Here is an overview of what generally happens after a grand jury indictment:

• Issuance of Arrest Warrant: If an individual has been indicted by a grand jury, the next step is often the issuance of an arrest warrant. The accused person may be taken into custody by law enforcement.
• Arraignment: After arrest, the accused is brought before a court for an arraignment. During the arraignment, the charges are formally presented, and the accused is informed of their rights. The accused may enter a plea of guilty, not guilty, or no contest. In some cases, a plea deal may be negotiated.
• Bail Hearing: A bail hearing may be held to determine whether the accused should be released from custody before the trial. The judge considers factors such as the nature of the charges, the accused's criminal history, and the potential flight risk. Bail may be set, or the accused may be released on their own recognizance.
• Pretrial Proceedings: Before the trial, there are pretrial proceedings during which both the prosecution and defense gather evidence, exchange information, and may file motions. The defense may challenge the admissibility of evidence, and the prosecution may respond.
• Discovery Process: The discovery process allows both the prosecution and defense to obtain information from each other related to the case. This includes evidence, witness lists, and other relevant materials.
• Plea Bargaining: In many cases, there is an opportunity for plea bargaining between the prosecution and the defense. This involves negotiating a plea deal in which the accused agrees to plead guilty to a lesser charge in exchange for a more lenient sentence.
• Trial: If a plea deal is not reached, the case proceeds to trial. During the trial, both the prosecution and defense present their cases, call witnesses, and present evidence. The judge or jury determines the guilt or innocence of the accused.
• Sentencing: If the accused is found guilty, a separate sentencing hearing is held. The judge considers various factors, including the nature of the crime, the defendant's criminal history, and any mitigating or aggravating circumstances, to determine an appropriate sentence.

It's important to note that the legal process can vary based on jurisdiction and the specific details of the case. Additionally, not all criminal cases involve a grand jury indictment; some cases proceed through a different process, such as a preliminary hearing.

Individuals facing criminal charges after a grand jury indictment should consult with a criminal defense attorney to understand their rights, legal options, and to receive guidance throughout the legal proceedings.

How to Clear a Bench Warrant in Hawaii Without Going to Jail

Hawaii may require you to appear in court to address a bench warrant. It is possible to clear the warrant without going to jail, however. You can take the following general steps:

• Consult an attorney: An attorney can help you navigate the legal system and advise you on the best course of action. If you need a hearing on the warrant, they may be able to help you request one.
• Find our the reason for the warrant: The underlying issue must be addressed so that you can find out the reason for the warrant. Depending on the situation, this may include paying a fine or appearing in court.
• Pay any outstanding fines or fees: If your warrant relates to unpaid fees or fines, you may be able to clear it by paying. The court can be contacted directly or online.
• Attend a court hearing if summoned: If you have been summoned to court, it is important that you attend. Judges may issue arrest warrants if you don't show up.
• Contact the court: To request a new hearing date or to explain your situation, contact the court if you are unable to attend a scheduled hearing.
• Surrender yourself: Alternatively, you may be forced to surrender yourself to law enforcement if you are unable to clear the warrant through other channels. Working with an attorney to coordinate your surrender is the best way to ensure you do it in a safe and controlled manner.

There may be several steps involved in clearing a warrant depending on the circumstances, and every case is different. If you wish to protect your rights and navigate the legal system, you should always seek the advice of an attorney.

Whether you have additional questions or need to start your application, we are waiting for your call at (808) 664-5010.