(a) For the purposes of this section, “prompt hearing” means a hearing that occurs at the time of the defendant‘s arraignment, or as soon as practicable.
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Terms Used In Hawaii Revised Statutes 804-7.5

  • Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Testify: Answer questions in court.
(b) Upon formal charge and detention, a defendant shall have the right to a prompt hearing concerning:

(1) Release or detention; and
(2) Whether any condition or combination of conditions will reasonably ensure:

(A) The defendant’s appearance as required; and
(B) The safety of any other person and the community.
(c) At the hearing, the defendant shall have the right to be represented by counsel and, if financially unable to obtain representation, to have counsel appointed. The defendant shall be afforded an opportunity to testify at the hearing. The defendant and the prosecution shall both be afforded an opportunity to present information by proffer or otherwise.
(d) The rules concerning the admissibility of evidence in criminal trials shall not apply to the presentation and consideration of information at the hearing.
(e) The defendant may be detained pending completion of the hearing.

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