PART I.
BAIL; RECOGNIZANCE
Law Journals and Reviews
Risky Business: Assessing Dangerousness in Hawai‘i. 24 UH
L. Rev. 63 (2001).
§804-1 Bail defined. 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. [PC 1869, c 50, §1; am L
1917, c 149, §1; RL 1925, §3977; RL 1935, §5430; RL 1945, §10731; RL 1955,
§256-1; HRS §709-1; ren L 1972, c 9, pt of §1; am L 1980, c 50, §4; gen ch
1985; am L 1987, c 139, §4]
Cross References
See Const. art. I, §12.
Rules of Court
Proceedings following arrest, see HRPP rule 5(a).
Bail; bond, see HRPP rule 46.
Case Notes
Right to bail is secured under specific provisions, rather
than general constitutional provision relating to liberty. 9 H. 171 (1893).
The circuit court did not err to the extent it held that the
term "surety" under §804-51 refers to the bondspersons (or bail
agents) in these consolidated cases, a determination that is also consistent
with this section, which provides that the surety signs on the recognizance or
bond. 139 H. 147 (App.), 384 P.3d 923 (2016).
See 36 H. 188, 192 (1942).
Notes of Decisions
Cited in
13
cases (
2 in the last 5 years), 1981–2024 · leading case:
State v. Nelson, 384 P.3d 923 (Haw. App. 2016).
State v. Nelson, 384 P.3d 923 (Haw. App. 2016).
· cites it 9× “It is also consistent with HRS § 804-1 (2014), which provides that the surety signs on the recognizance or bond.”
State v. Nelson, 398 P.3d 712 (Haw. 2017).
· cites it 6× “” HRS § 804-1 (2014). The judge 2 admitting a defendant to hail has the discretion to set the amount of bail; in doing so, the judge considers both “the punishment to be inflicted on conviction, and the pecuniary circumstances of the party accused.”
State v. Visintin., 426 P.3d 367 (Haw. 2018).
· cites it 2× “Excessive Bail Under HRS § 804-1 (1993), bail is defined as "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,…”
State v. Kapoi, 637 P.2d 1105 (Haw. 1981).
· cites it 4× “HRS §§ 804-1, 804-3, and 804-4. The fixing of bail subsequent to Robert Kapoi's arrest for the alleged "violation" was a matter within the discretion of the Chief of Police of the County of Maui or his designee.”
State v. Diaz., 286 P.3d 824 (Haw. 2012).
· cites it 2× “” HRS § 804-1. 3. A defendant who has given bail must "appear promptly and respond thereto” and, upon failure to do so, default shall enter and be evidence of the breach of the defendant’s appearance bond.”
State v. Camara, 916 P.2d 1225 (Haw. 1996).
“Hawaii Revised Statutes (HRS) § 804-1 (1993); see also United States v.”
Pelekai v. White, 861 P.2d 1205 (Haw. 1993).
· cites it 2× “1 (1951)); see also HRS § 804-1. 4 The prosecution concedes that generally the chief of police or his designee may admit defendants charged with a misdemeanor offense to bail, but contends that HRS § 709-906(9) (Supp.”
State v. Miles, 354 P.3d 178 (Haw. App. 2015).
· cites it 2× “The Hawaii Supreme Court has recognized that HRS §§ 804-1, -7.4(2), -17, and -51, ... read in pari materia, .”
State v. Milo, 499 P.3d 418 (Haw. App. 2021).
· cites it 6× “2 NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER HRS § 804-1 (2014) defines bail, and/or the giving of bail, as "the signing of the recognizance by the defendant and the defendant's surety or sureties, conditioned for the appearance of the defendant at the…”
State v. Carter. (Haw. App. 2024).
· cites it 2× “HRS § 804-1 (2014) defines "bail" as: 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…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.