Let’s face it; accidents are unpredictable. They can happen to anyone, anywhere, in the world. The irony of life is that the ugliest things take place in the most beautiful places. These are the places where most of the people like to go for outings and vacations. This is the reason why; these places become more prone to the most unexpected crimes and mishaps.
One such place, is Hawaii, which is a home to more than 1.4 million permanent residents, and is considered as one of the most visited tropical vacation spots for tourists. But, not all residents and tourists coming to this exotic place of islands obey the laws.
In Hawaii, drunk driving, murder, using drugs and other charges may deceive you in the imprisonment and you may have to wait for trial.
The easiest way to help you out from the misery of jail and trail is to look for Hawaii Bail Bond Companies, or Bail Bond Agent, and Agency, or a bondman.
What is a Bail Bond in Hawaii and its relevant conditions?
A Hawaii Bail Bond is a kind of surety (some form of capital), which is pledged and deposited with a court to release the defendant (accused) from a jail facility, on the condition that he/she will be again produced in front of the court for trial or forfeit the bail at the given date and time without any discrepancy. In all, the main object of a bail bond is to reassure the defendant’s appearance at all required court proceedings and trial.
Under Haw. Rev. Stat. § 804-1 : Hawaii Statutes – Section 804-1: – “Bail, or the giving of bail, is the signing of the recognizance by the defendant and the defendant’s surety or sureties, conditioned for the appearance of the defendant at the session of a court of competent jurisdiction to be named in the condition, and to abide by the judgment of the court.”
While getting a bail in Hawaii is quite easy, the governing legislature may legally deny it if it finds the crime committed non-bailable. Hence, you need to hire the services of a specialized Bail Bond Agency or Company that will help you with instant and timely bail bond help and get you released from the jail under certain legal conditions.
Conditions of Bail Bonds in Hawaii include:
- You need to hire a licensed bail bond agent.
- You must be ready to appear in court at the exact date and time given by the court for the upcoming hearings.
- You must have to pay the requisite bail bond amount decided by the court, and pledged by you within the prescribed time.
Conditions of the forfeiture and revocation of bail bonds in Hawaii
There are certain conditions that allow the court to forfeit or revoke the bail bond in Hawaii and seize the security amount under the federal law and almost all state laws. The mandatory conditions are:
- If the defendant fails to appear in front of the court at the given date and time.
- When the defendant violates the conditions of the bail.
- When the defendant performs any other crime during the bail period, the court is lawfully authorized to revoke the granted bail, and can order to imprison the defendant or impose new conditions.
In the condition of bond forfeiture and bail revocation, a legal notice is sent to the defendant as well as the bail bondsman and given a definite period of time to bring to the fore, or produce the defendant to the court, or can order to locate the whereabouts of the absconded defendant. Many courts also provide a chance to explain the reasons of absence and can do justice for genuine explanations like illness, death or physical disability.
How much is the cost of a bail bond in Hawaii
When you are being bailed out of jail, you are released from legal custody with legal obligations that you have to follow. The cost of bail bond depends upon the judge who is presiding your case and seriousness of the crime. First, the initial proceeding is held to determine, whether the bail can be granted in the case or not. Now on various factors like your credibility, your criminal history and others, the amount of bail is granted by the court. Under Section 804-11.5 of Hawaii Statutes – Part I, one can submit bail-bond in Hawaii either through cash, credit and debit card authorization, stocks, bonds, or real property as security for bail. If you are lacking in liquid amount, you can also apply for a signature bond. It states that the defendant is free to submit any property or fund as a security deposit.
Current regulatory news for the bail and bail bond in Hawaii and other states
Here is the detail of current regulation that all states, including Hawaii follow for the bail enforcement and the bail bond:
- According to Bail Bond Hawaii Law
At present in Hawaii, there is no comprehensive regulation for recovery of bail bond from defendant or bail enforcement agent. Nevertheless, some provisions do exist that clarify the norms of bond forfeiture, for instance:
- HRS § 804-51: This section describes the rights of the court, and states that the former will pass the judgement in favor of states if there is a forfeiture of bail bond under the Hawaii Revised Statutes Annotated Division 5. Crimes And Criminal Proceedings Title 38. Procedural And Supplementary Provisions Chapter 804. Bail; Bond To Keep The Peace Part III. Forfeiture.
- HIST 804-14. 41: This section is devoted to the discharge of surety.
- Hawaii legal arrest authority of bail agent:
The section under HI statutes entails that Bail Enforcement Agents have the full authority to arrest the defendants by referring his/her power to the submission of the defendants for law enforcement.
- HI ST § 804-14–S 804-14 Discharge of sureties.
This statute gives power to one who has become the bail for anyone . He/she may discharge himself/herself from his duty or responsibility by handing over the defendant to the custody of either the Sheriff or Chief of police of Hawaii or to the authorized subordinate of the chief of police.
- HI ST § 804-41– S 804-41 Discharge of surety.
Under this statute, the surety has the power to discharge himself/herself from the bond by surrendering the principal in the custody of either Sheriff or Chief of Police, or the authorized subordinate anytime before the breach of the conditions of the bond.
History of Bail bonds in Hawaii
However, as per the Hawaii Rules of Penal Procedure, it is effected from January 1, 1977, in Hawaii with amendments, yet the notion of bail bond has the history traced to ancient Rome. Around 1,000 years before, from the current era, the Americans developed the understanding of a bail bond with two fundamental themes:
Bail is indeed the outcome of a judicial trial and depends upon the prediction of a judicial officer during the trial.
To avoid the pretrial imprisonment till the defendant is pronounced guilty.
Undeniably, the current bail-bond structure in America is a developed and a parallel version of English statutes and policies that the country learnt during the colonial period. However, the American bail-bond has the deeper root in the legislation since 1789. The Judiciary Act of 1789 declared that the bail can be granted to all non-capital offences. In 1966, the Bail Reform Act was passed allowing defendant’s release against a less financial burden. In 1984, an amendment was made to the Bail Reform Act 1984 that established the definition and conditions of granting a bail on a particular case. For instance, defendants accused of the serious crime, repeated offences or when high risk associated of potential danger and flight from the trial. The act also clearly states the conditions on which a bail hearing or a bail can be granted.
Interesting event of bail bond forfeiture: State v. Miles (ICA, June 23, 2015) in Hawaii
Robert Miles was captured in Hawaii, due to being accused of felony offenses, on the bail bond of $ 5,000. The Exodus Bail Bonds company had posted bail on his behalf. Miles did not show up to the courtroom at the given date after getting freedom of bail so circuit court on 8th Oct 2012 issued a bail forfeiture judgement and it was sent to the office of Exodus from the office of prosecuting attorney on November 21, 2012.
Exodus pleaded not guilty of forfeiture on the grounds that Miles had surrendered already, but failed to provide the real proof on behalf of the pleading in front of the circuit court. The bail bond company further argued that the office of the prosecuting attorney has no right in the hearing of a bail forfeiture. The circuit court rejected the arguments of Exodus and forfeited the bail bond under section HRS § 804-51 and section HRS § 46-1.5 (17).
Getting Bail Bonds in Hawaii
A bail bond in Hawaii is, thus, a relief for all those, who get unknowingly trapped in the legal accusations, and have less or no money for submitting the total amount of bail.
If you are in Hawaii, you can find several Bail Bond firms or Law Firms that offer quick and easy bail-bond services. However, if you try to hide or get disappeared after getting free on bail, you have to face the legal trials and jail terms. Every law is designed for the welfare of the people.
So, enjoy your visit to Hawaii, but protect yourself from any legal proceedings by knowing the details of the law.