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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.

  • HRS 804-3
  • HRS 804-4
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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.

  • HRS 804-3
  • 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.
  • HRS 804-7.5
  • 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.
  • HRS 804-7.4

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.

  • HRS 804-7.1

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.

  • HRS 804-9.5
Sources for this section (6)
  1. HRS 804-3 — Bailable offenses
  2. HRS 804-4 — When a matter of right
  3. HRS 804-7.1 — Conditions of release on bail, recognizance, or supervised release
  4. HRS 804-7.4 — General conditions of release on bail
  5. HRS 804-7.5 — Right to a prompt hearing; release or detention
  6. 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.

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