Bail After an Arrest
HRS 804-7.5 — a prompt hearing on release, with counsel appointed for those who cannot pay
Anyone charged with a criminal offense is bailable, and bail includes release on one's own recognizance, supervised release and conditional release. Before conviction, bail is a matter of right on the least restrictive conditions needed to ensure the defendant appears and to protect the public.
Who handles this in Hawaii: Office of the Public Defender and Hawaii State Bar Association, Lawyer Referral and Information Service; and legal aid programs and the state offices, listed in the Hawaii directory.Holding a paper like this? Read my paper can read one for you, free with an account.
Bail may be denied only where the charge is a serious crime, meaning murder or attempted murder or a class A or B felony with listed exceptions, and there is a serious risk the person will flee, obstruct justice or intimidate a witness or juror, endanger anyone, or engage in illegal activity.
- Once formally charged and held, a defendant has the right to a prompt hearing, at arraignment or as soon as practicable, on release or detention and on whether conditions can ensure appearance and safety.
- At that hearing the defendant has the right to counsel, appointed where the defendant cannot afford it, and an opportunity to testify.
- The rules of evidence for trials do not apply at that hearing, and the defendant may be held until it is finished.
- Every release on bail, recognizance or supervised release carries three conditions: commit no federal, state or local offense while released.
- Appear at every court hearing unless the defense attorney says the appearance is not required.
- Stay in the State of Hawaii unless a court approves leaving.
On release the court may order conditions such as no contact with named people, staying away from places, no weapons, alcohol or certain drugs, reporting to an officer of the court, a curfew, treatment, staying in the judicial circuit, or electronic monitoring.
The court may release a defendant on an unsecured bond for all or part of the bail, forfeited on a failure to appear or a breach of conditions, weighing employment, family ties, residence, character, ties to the community, finances, record, and a validated pretrial risk assessment.
Sources for this section (6)
- HRS 804-3 — Bailable offenses
- HRS 804-4 — When a matter of right
- HRS 804-7.1 — Conditions of release on bail, recognizance, or supervised release
- HRS 804-7.4 — General conditions of release on bail
- HRS 804-7.5 — Right to a prompt hearing; release or detention
- HRS 804-9.5 — Unsecured bail
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Hawaii attorney.