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Home > How to Post Bail in Hawaii: 5 Things to Know

How to Post Bail in Hawaii: 5 Things to Know

Like Delaware and about 13 other states, Hawaii has no laws that require training or in any way regulate bounty hunters in the state. However, that doesn’t mean there are no bounty hunters in the state. In fact, Dog the Bounty Hunter, one of the best known bail recovery agents in the country, lives in Hawaii. Duane “Dog” Chapman starred in a reality series about bounty hunting that ran on the A&E Network for 10 years, ending in 2012. Chapman has advocated for laws to require training and licenses for bounty hunters in Hawaii. If you are arrested and need to post bail in Hawaii, here are 5 things you should know.

  1. 4 Ways to Get Out of Jail


Own recognizance – This involves being released from jail by signing a contract agreeing to return for all court appearances. No bail amount is set. It can be helpful to have an experienced criminal defense attorney to ask about the option of being released OR. For the most part, OR release is only available for misdemeanors and for defendants with little no previous criminal history.

Cash bond – This is probably the next fastest way to get out of jail, behind an OR release. The defendant, or someone acting on his or her behalf, pays the full amount of the bail in cash. Since a bail bond agent is not involved, there is no premium charged. If the defendant shows up for all court appearance, the cash will be returned – minus only court fees and administrative costs.

Surety bond – How can a defendant with little or no available money pay a $10,000 bail – or a bail set at $100,000? With a surety bond, the defendant hires a bail bond agent and pays only 10 percent of the entire bail amount. In exchange for that payment, which is not returned, the bail bond agent guarantees the other 90 percent of the bail to the court. In some cases, the bail bond agent requires collateral from the defendant or a co-signor.

Property bond – While property can be utilized as collateral for a surety bond, a property bond involves turning over the title to a piece of property – such as a home, car or jewelry – to pay bail. The defendant must have full ownership and the value of the property must at least be equal to the amount of the bail. The court puts a lien on the property, and if the defendant does not return for all court hearings, can foreclose on the property and force a sale.

  1. How to Get Bail


In Hawaii, there are jail schedules for a majority of misdemeanor crimes. After a defendant has been booked into jail, he or she can either pay the amount of bail in cash or contact a family member or friend for help or call a bail bond agent to prepare a surety bond to cover the amount of the bail.

  1. What Will Bail Cost


Hawaii law sets the bond premium for bail bond agents at 10 percent. For example, if the bail is set at $25,000, the defendant pays $2,500. In some cases, bail bond agents will set up a payment plan to help defendants post bail. A cash bail will cost the entire bail amount and does not involve a bail bond agent. 

  1. How Long Will I Stay in Jail


For many people arrested in Hawaii, the bail process takes about 1 to 3 hours, according to criminal defense attorneys. It is possible for the process to last longer if the arrest takes place at night or on the weekend or if the crime is a serious misdemeanor. For more serious crimes, bail will be determined during an initial hearing that usually occurs within 24 hours of arrest in Hawaii. Another reason for a delay involves a defendant arrested for drunk driving. The defendant will be kept in jail for several hours to assure he or she is no longer impaired. 

  1. What if I Miss a Court Appearance


Missing a court appearance violates bail, whether the defendant is release on his or her own recognizance, by posting cash or on a surety or property bond. The bond that was given to the court is forfeited. The court issues an arrest warrant for failure to appear in court, as well as a warrant for the original offense. Any collateral used will be seized and if a co-signor was involved, a bail bond agent will attempt to secure the full amount of the bail from that co-signor.

This article is for informational purposes only. If you need legal advice you should visit an attorney.

Common Questions

What is a bail hearing?

After a defendant is arrested, a bail hearing is scheduled to determine if the defendant is a flight risk and to set the amount of his or her bail or deny the bail and bonds altogether if the defendant is deemed a flight risk.

How long after an arrest does it take to set bail?

States have laws that specify when a bail hearing must take place after an arrest. For most states, the hearing must be held 48 to 72 hours after the arrest – but weekends and holidays will not count towards this time.

What is a bail bond?

A bail bond is a contractual guarantee, issued by a licensed bail bond agent, between the agent the defendant and the court, that promises the court the full bail payment if the defendant does not show up for his or her scheduled court hearing.

How quickly can a bail bond be issued?

Once defendants have received a bail amount at their bail hearing, and contacted a bail bond service, the bail and bonds are usually accomplished within 24 hours of the bail hearing.

What is the cost of a bail bond?

States set the fee for a bail bond, and in most states, the fee is 10 percent of the total bail. This fee is paid to the bond agent for the bond service, and it is a non-refundable fee.

Are there any alternatives to a bail bond?

Yes. Defendants may pay the full price of the bail, opt for a property bond or try to gain a release through their own recognizance.

What if a defendant cannot afford a bail bond?

Defendants who cannot afford a bail bond can try for a release on their own recognizance, search for a bail bond agent who offers a payment plan, or remain in jail until their court hearing.

What happens if a defendant flees?

If a defendant flees the full amount of the bail is due, the defendant will be charged with costs associated with their recovery and the amount of the bail is forever forfeit even after the defendant is recovered.

What type of collateral can be used for a bail bond?

Almost anything of value can be used as collateral for a bail bond, including retirement or private savings, property, or personal items of value such as jewelry or antique collections that belong to the defendant or to family members or friends who accept responsibility for the collateral.

When does the bail bond end?

The process for bail and bonds ends when defendants appear for their court hearing. Regardless of the outcome of their hearing, as long as they show up, the bonds are terminated.

Helpful Articles

How to Post Bail in Hawaii: 5 Things to Know

Like Delaware and about 13 other states, Hawaii has no laws that require training or in any way regulate bounty hunters in the state. However, that doesn’t mean there are no bounty hunters in the s...more

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