(a) The court may order the defendant released upon the execution of an unsecured financial bond for all or part of the bail amount by the defendant and any additional obligors as may be required by the court, upon the deposit of cash or other security as described in section real property as security for bail” class=”unlinked-ref” datatype=”S” sessionyear=”2022″ statecd=”HI”>804-11.5 for any remaining bail amount not covered by the unsecured financial bond, and subject to any other conditions of release that will reasonably assure the appearance of the defendant in court as required and protect the public.
lawyer at desk

Ask a legal question, get an answer ASAP!
Click here to chat with a lawyer about your rights.

Terms Used In Hawaii Revised Statutes 804-9.5

  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
(b) In the event that a defendant fails to appear in court as required or breaches any other condition of release, the court shall enter an order of forfeiture of the unsecured financial bond.
(c) In granting or denying unsecured bail, the court may consider:

(1) The defendant’s:

(A) Employment status and history;
(B) Family relationships, specifically the nature and extent of those relationships;
(C) Past and present residences;
(D) Character and reputation;
(E) Ties to the community;
(F) Financial circumstances; and
(G) Prior criminal record, if any, and any prior failures to appear in court;
(2) The agreement of any person to assist the defendant to appear in court when required and to satisfy the conditions of release;
(3) The results of an empirical and validated pretrial risk assessment;
(4) The offense charged and any potential sentence; and
(5) Any other facts the court finds relevant to the defendant’s likelihood to appear in court and satisfy the conditions of release.
  Previous
Next  
 Part I Contents