Bail In Hawaii, (Read 8577 times)

London808

Bail In Hawaii,
« on: June 24, 2016, 11:17:21 PM »
If one was to say get arrested on a Friday morning, when would they be able to post bail ??
"Mr. Roberts is a bit of a fanatic, he has previously sued HPD about gun registration issues." : Major Richard Robinson 2016

suka

Re: Bail In Hawaii,
« Reply #1 on: June 24, 2016, 11:24:07 PM »
If one was to say get arrested on a Friday morning, when would they be able to post bail ??


If i remember right.

24/7
I was bailed out at 2am, but it was for a misdemeanor traffic warrant.



pp
 

Flapp_Jackson

Re: Bail In Hawaii,
« Reply #2 on: June 24, 2016, 11:38:58 PM »
If one was to say get arrested on a Friday morning, when would they be able to post bail ??

WHEN would you be able to post bail?  If you get arrested Friday AM, you should be arraigned that day unless something unexpected comes up.  The court should be able to appoint a public defender, assuming you don't have a lawyer yet, to get you through the arraignment quickly.   

During arraignment, bail is set unless the case is dismissed, bail is denied or you get ROR.

After you know the bail amount, you need to post it yourself if able, find someone else willing and able to post for you, or contact a bail bondsman....

The reasonable man adapts himself to the world;
the unreasonable one persists in trying to adapt the world to himself.
Therefore, all progress depends on the unreasonable man.
-- George Bernard Shaw

eyeeatingfish

Re: Bail In Hawaii,
« Reply #3 on: June 25, 2016, 01:05:36 AM »
if you are arrested for a misdemeanor bail is set as soon as you are processed at the receiving desk. As soon as bail is set, someone can bail you out.

A felony is a little more complicated. Are we talking felony or misdemeanor?

London808

Re: Bail In Hawaii,
« Reply #4 on: June 25, 2016, 01:42:11 AM »
Every other time i have been to HPD they have threatened to arrest me, Just want to make sure that if they do i can get out the same day, Would more then likely be something stupid like trespassing or interfering with an officer or whatever other bullshit they can make up. I work weekends so just dont want to get jammed up on a friday and not get out till monday


"Mr. Roberts is a bit of a fanatic, he has previously sued HPD about gun registration issues." : Major Richard Robinson 2016

Flapp_Jackson

Re: Bail In Hawaii,
« Reply #5 on: June 25, 2016, 09:17:17 AM »
Every other time i have been to HPD they have threatened to arrest me, Just want to make sure that if they do i can get out the same day, Would more then likely be something stupid like trespassing or interfering with an officer or whatever other bullshit they can make up. I work weekends so just dont want to get jammed up on a friday and not get out till monday

Best advice I can give you is don't get arrested.  If that doesn't work, try not to go to HPD unless you have a couple of days off ahead of you!   :thumbsup:

Even if Fish Boy is right, if the Cops get you for causing them grief, they can make the process drag out to the max amount of time allowed.  They could put you in a n interview room for hours just to mess with you.  If they make it a personal problem, don't be surprised at how many games they can play with your life!
The reasonable man adapts himself to the world;
the unreasonable one persists in trying to adapt the world to himself.
Therefore, all progress depends on the unreasonable man.
-- George Bernard Shaw

eyeeatingfish

Re: Bail In Hawaii,
« Reply #6 on: June 25, 2016, 09:55:17 AM »
Best advice I can give you is don't get arrested.  If that doesn't work, try not to go to HPD unless you have a couple of days off ahead of you!   :thumbsup:

Even if Fish Boy is right, if the Cops get you for causing them grief, they can make the process drag out to the max amount of time allowed.  They could put you in a n interview room for hours just to mess with you.  If they make it a personal problem, don't be surprised at how many games they can play with your life!

Cops have to justify your detention. If it turns out they are holding you longer than is necessary they open themselves up to a lawsuit. The quicker someone gets bailed out the less liability they have to worry about in multiple ways.

London,
If you have the cash then they have to let you bail with it. But if they really hated you and you didn't have cash they could limit your phone calls. They are required to give you A phone call. If your first call doesn't get in touch with someone they could then keep you until you could see a judge if you don't have the bail with you.

Flapp_Jackson

Re: Bail In Hawaii,
« Reply #7 on: June 25, 2016, 09:41:26 PM »
Cops have to justify your detention. If it turns out they are holding you longer than is necessary they open themselves up to a lawsuit. The quicker someone gets bailed out the less liability they have to worry about in multiple ways.

London,
If you have the cash then they have to let you bail with it. But if they really hated you and you didn't have cash they could limit your phone calls. They are required to give you A phone call. If your first call doesn't get in touch with someone they could then keep you until you could see a judge if you don't have the bail with you.

Cops don't have to justify anything if you don't demand your rights.

If you don't tell them to either charge you or release you, they have 48 hours to detain you without charging you at all.
The reasonable man adapts himself to the world;
the unreasonable one persists in trying to adapt the world to himself.
Therefore, all progress depends on the unreasonable man.
-- George Bernard Shaw

kekoa

Re: Bail In Hawaii,
« Reply #8 on: June 26, 2016, 07:00:12 AM »
Every other time i have been to HPD they have threatened to arrest me, Just want to make sure that if they do i can get out the same day, Would more then likely be something stupid like trespassing or interfering with an officer or whatever other bullshit they can make up. I work weekends so just dont want to get jammed up on a friday and not get out till monday

Just curious and if you don't want to say thats cool. What is it that you are doing to cause HPD to want threaten you with arrest? Protesting of some kind or….

London808

Re: Bail In Hawaii,
« Reply #9 on: June 26, 2016, 05:55:20 PM »
Just curious and if you don't want to say thats cool. What is it that you are doing to cause HPD to want threaten you with arrest? Protesting of some kind or….
This is all in the last year)
The first and second (different days)  time they threatened to arrest me for trespassing (whilst conducting business) in the firearms unit, They dident want to help or take paperwork from me and i wouldn't leave untill the get me a senior officer or took the paperwork. 
the 3rd time was with regards to not presenting my firearms for inspection when trying to register them
the 4th time dident happen at HPD but at Kapiolani park, They threatened to arrest me over producing a permit for a bounce house.
"Mr. Roberts is a bit of a fanatic, he has previously sued HPD about gun registration issues." : Major Richard Robinson 2016

eyeeatingfish

Re: Bail In Hawaii,
« Reply #10 on: June 26, 2016, 08:04:32 PM »
Cops don't have to justify anything if you don't demand your rights.

If you don't tell them to either charge you or release you, they have 48 hours to detain you without charging you at all.

I don't think that is a blanket rule that they can do whatever they want within the first 48 hours. 48 hours is the maximum they can hold you without charging you with a crime but as I understand it they still have to justify it. They have to set a bail within a reasonable time once they know what an individual is charged with. So if they know the complete case is a misdemeanor and they charge you right away then I think they have to set bail right away, not drag it out till 47.5 hours just because they can. I am trying to find something to clarify the issue and I will post it when I do.

Flapp_Jackson

Re: Bail In Hawaii,
« Reply #11 on: June 26, 2016, 08:09:17 PM »
I don't think that is a blanket rule that they can do whatever they want within the first 48 hours. 48 hours is the maximum they can hold you without charging you with a crime but as I understand it they still have to justify it. They have to set a bail within a reasonable time once they know what an individual is charged with. So if they know the complete case is a misdemeanor and they charge you right away then I think they have to set bail right away, not drag it out till 47.5 hours just because they can. I am trying to find something to clarify the issue and I will post it when I do.

That's not what I said.  I said you have to demand your rights, or the cops can do whatever within the time limit they have.  if you have no idea what your rights are, that's why you call a real lawyer with a degree who passed the bar, not someone taking "criminal law classes" and starts his replies with "I don't think".
The reasonable man adapts himself to the world;
the unreasonable one persists in trying to adapt the world to himself.
Therefore, all progress depends on the unreasonable man.
-- George Bernard Shaw

eyeeatingfish

Re: Bail In Hawaii,
« Reply #12 on: June 26, 2016, 08:50:23 PM »
That's not what I said.  I said you have to demand your rights, or the cops can do whatever within the time limit they have.  if you have no idea what your rights are, that's why you call a real lawyer with a degree who passed the bar, not someone taking "criminal law classes" and starts his replies with "I don't think".

So basically we are both in agreement that we don't know exactly where the line is drawn concerning bail and time limit. That is why I said "i think" because until one of us finds something in writing clarifying the issue neither one of us can accurately say it is one way or another.

Flapp_Jackson

Re: Bail In Hawaii,
« Reply #13 on: June 26, 2016, 08:58:57 PM »
So basically we are both in agreement that we don't know exactly where the line is drawn concerning bail and time limit. That is why I said "i think" because until one of us finds something in writing clarifying the issue neither one of us can accurately say it is one way or another.

You have this illusion that all procedures for government and law enforcement are in writing somewhere in some unambiguous form.

If that were true, we wouldn't need courts and judges.
The reasonable man adapts himself to the world;
the unreasonable one persists in trying to adapt the world to himself.
Therefore, all progress depends on the unreasonable man.
-- George Bernard Shaw

Surf

Re: Bail In Hawaii,
« Reply #14 on: June 27, 2016, 12:11:16 AM »
I might think that you are the problem if you need to worry about bail whenever you have an encounter with LE.

If charged, you will be given a bail amount after processing if you are not otherwise disqualified from bail.  You can be held up to 48 hours before charges are filed.  Misdemeanors you will be given a bail pretty much asap as they don't want to deal with your sorry ass for too long.  For other more serious offenses there may be conferral's needed to determine if you will be outright charged or released on your own recognizance (ROR) or if bail is appropriate and how much.  They won't mess with providing bail, but the amount of bail does have a range.  If you were a "deserving" individual you can be given a bail amount much more in the maximum range than the minimum range.   

Be sure to let us know how that works out for you.

edster48

Re: Bail In Hawaii,
« Reply #15 on: June 27, 2016, 04:47:15 AM »
They certainly can hold you for 48 hours before charging you formally, but they still have to be able to articulate their suspicion that you've committed a crime. Failure to do so will most certainly leave the department open to a lawsuit, although people rarely take them to task for it. It's been my experience that they will threaten you with arrest just to get you to "cooperate", most people don't know any better so it works for them most of the time. It generally upsets them when you know your rights and exercise them, but remember that it's very important to know if you're on the right side of the law before you start giving them a hard time. Not having your firearms there when registering is a big no-no on your part, but I can't see them threatening you with arrest unless you were being unreasonable. Most of the guys behind the desk are pretty cool and I try not to blame them for the shitty policies they have to enforce. Same thing with cops out on the street, I was present at one incident in Kapiolani park where some friends were having a GTG and without thinking had set up a table with about 10 bottles of hard liquor out in the open. A couple of bicycle cops rolled up and "reminded" us that it's illegal to drink in the park. In the end, because we were cool with them and didn't act like assholes they just told us to put it out of sight and left us alone. Your attitude plays just as important a part as theirs.
Always be yourself.
Unless you can be a pirate.
Then always be a pirate.

eyeeatingfish

Re: Bail In Hawaii,
« Reply #16 on: June 27, 2016, 03:32:49 PM »
You have this illusion that all procedures for government and law enforcement are in writing somewhere in some unambiguous form.

If that were true, we wouldn't need courts and judges.

Because they often are. Sometimes they exist as court precedent but when it comes to civil rights issues, you can bet the rules are in place somewhere.