The Hawaii Criminal Appearance Bond, also known as a bail bond, is a type of legal agreement established to secure the release of a defendant who has been arrested and detained for a criminal offense in Hawaii. It ensures that the defendant appears for their court hearings and fulfills all their legal obligations throughout the duration of their case. The purpose of a criminal appearance bond is to provide the defendant with temporary freedom while guaranteeing their presence in court when required. Individuals who cannot afford to pay the full amount of bail set by the court can obtain a criminal appearance bond with the assistance of a bail bondsman or a bail bond agency. There are two main types of Hawaii Criminal Appearance Bonds: cash bonds and surety bonds. Cash bonds involve the defendant or their family or friends providing the court with the full bail amount in cash. This money is held by the court during the trial process and is returned to the defendant (minus any applicable fees) upon the completion of their case, regardless of the outcome. Surety bonds, on the other hand, involve a bail bondsman or agency acting as a guarantor for the defendant. The bondsman charges a non-refundable fee, typically a percentage of the total bail amount, and assumes the responsibility of ensuring the defendant's appearance in court. In case the defendant fails to appear, the bondsman may be required to pay the full bail amount to the court. The defendant or their collateral, such as property or assets, may be used as a form of security for the surety bond. It's important to note that if the defendant violates any of the conditions set by the court or fails to appear as required, the bond may be revoked, and a warrant for their arrest may be issued. In such cases, the defendant may face additional legal consequences, and the bail bond may be forfeited. In summary, the Hawaii Criminal Appearance Bond offers a way for individuals accused of a crime to secure their release from custody while ensuring their presence in court. Cash bonds require the full bail amount to be paid in cash, while surety bonds involve a bail bondsman acting as a guarantor. By understanding the different types of criminal appearance bonds available in Hawaii, defendants and their loved ones can make informed decisions regarding their legal options.
Hawaii Criminal Appearance Bond
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Rule 15 - Default Judgment and Stopper (a) Entry of Judgment. A default judgment may be entered when the defendant fails to answer or respond to the notice of infraction within twenty-one (21) calendar days from the date the notice of infraction was issued, or fails to appear at any scheduled hearing.
Ask at least 10 days before the court date if possible Generally, you can turn in a form to ask for a new court date and the court will make a decision and mail it to you. If the court date is less than 10 days away, though, you'll need to explain on the form why you waited so long to ask.
In order to postpone/continue your hearing, you must prepare and file a Request for Continuance/Notice of Continued Administrative Hearing with the ADLRO prior to your scheduled hearing date and time. Required forms are available on this website.
Continuances requested without agreement of all parties may be granted only by a judge for good cause shown. Contested continuance requests must be made by personal appearance in open court, after written motion, with at least five (5) days' notice to the Court and all parties and/or counsel of record.
Rule 48 - Dismissal (a) By prosecutor. The prosecutor may by leave of court file a dismissal of a charge and the prosecution shall thereupon terminate. Such a dismissal may not be filed during the trial without the consent of the defendant.
Don't miss your court date For criminal cases, not appearing for court may result in the court issuing a penal summons or bench warrant for your arrest. You may also be held in contempt of court. If you are the respondent in a civil or traffic infraction, a default judgment may be ordered if you fail to appear.
All continuance requests shall be in writing using the Continuance Request Form provided by the Clerk, and may be mailed, faxed, or hand-delivered. A continuance may be granted if the Court receives the request least seven (7) days prior to the hearing.
Rule 55 - Default (a) Entry. When a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend as provided by these rules and that fact is made to appear by affidavit or otherwise, the clerk shall enter the party's default.