HRS §804-7.5
Right to a quick hearing about release or jail
If you are formally charged and held in jail, you have the right to a quick hearing about whether you should be released or kept in jail. At the hearing, you can have a lawyer, speak, and present information. The judge will decide if any conditions can keep you safe and make sure you show up.
The statute, as written — Right to a prompt hearing; release or detention
(a) For the purposes of this section, "prompt hearing" means a hearing that occurs at the time of the defendant's arraignment, or as soon as practicable. (b) Upon formal charge and detention, a defendant shall have the right to a prompt hearing concerning: (1) Release or detention; and (2) Whether any condition or combination of conditions will reasonably ensure: (A) The defendant's appearance as required; and (B) The safety of any other person and the community. (c) At the hearing, the defendant shall have the right to be represented by counsel and, if financially unable to obtain representation, to have counsel appointed. The defendant shall be afforded an opportunity to testify at the hearing. The defendant and the prosecution shall both be afforded an opportunity to present information by proffer or otherwise. (d) The rules concerning the admissibility of evidence in criminal trials shall not apply to the presentation and consideration of information at the hearing. (e) The defendant may be detained pending completion of the hearing.
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