HRS §806-56
When a prosecutor can drop criminal charges
Read the official text at capitol.hawaii.gov ↗A prosecutor cannot drop criminal charges in a court of record without the court's permission. The prosecutor must file a written request explaining why. The court can say no, and if it thinks the case should continue, it can appoint a special prosecutor to handle it and pay that prosecutor a fee.
courts
The statute, as written — Nolle prosequi
A copy, taken August 20, 2026. The version published by the Legislature is the one that governs, and it may have changed since. Check it before relying on anything here.
No nolle prosequi shall be entered in a criminal case in a court of record except by consent of the court upon written motion of the prosecuting attorney stating the reasons therefor. The court may deny the motion if it deems the reasons insufficient and if, upon further investigation, it decides that the prosecution should continue, it may, if in its opinion the interests of justice require it, appoint a special prosecutor to conduct the case and allow the special prosecutor a fee. Section 802-5(b) relative to fees allowed counsel assigned by the court for a defendant is made applicable to fees of special prosecutors appointed hereunder.
Sections this one refers to
§802-5 How court-appointed lawyers get paid
LawTrove is not legal advice. The summary above is a computer-generated restatement — the authoritative text is the official version linked above.