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HRS §805-1

How a criminal complaint is written and a warrant is issued

When someone reports a crime, the prosecutor must review the evidence and write down the complaint. The complaint must be sworn to, made by declaration, or signed by the prosecutor. Then a judge issues a warrant for the accused person's arrest.

The statute, as written — Complaint; form of warrant

When a complaint is made to any prosecuting officer of the commission of any offense, the prosecuting officer shall review the evidence, reduce the substance of the complaint to writing, and cause the complaint to be: (1) Subscribed by the complainant under oath, which the prosecuting officer is hereby authorized to administer; (2) Made by declaration in accordance with the rules of court; or (3) Signed by the prosecuting officer. If the original complaint results from the issuance of a traffic summons or a citation in lieu of an arrest pursuant to section 803-6, by a police officer, the oath may be administered by any police officer whose name has been submitted to the prosecuting officer and who has been designated by the chief of police to administer the oath, or the complaint may be submitted by declaration in accordance with the rules of court. Upon presentation of the written complaint to the judge in whose circuit the offense allegedly has been committed, the judge shall issue a warrant, reciting the complaint and requiring the sheriff, or other officer to whom it is directed, except as provided in section 805-3, to arrest the accused and to bring the accused before the judge to be dealt with according to law; and in the same warrant the judge may require the officer to summon such witnesses as are named in the warrant to appear and give evidence at the trial. The warrant may be in the form established by the usage and practice of the issuing court.
Read the official text at capitol.hawaii.gov ↗as published Jan 6, 2026our copy taken Aug 20, 2026

Sections this one refers to

§803-6 How an arrest is made and when a citation can be used

§805-3 When a judge can send a summons instead of an arrest

LawTrove is not legal advice. The summary above is a computer-generated restatement — the authoritative text is the official version linked above.