NSW Arrested in Hawaii while on holidays, will miss my court date

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

Arrived88

Member
12 October 2018
2
0
1
I was arrested on my last night in Hawaii for Harassment, taken to jail, processed and posted bail just in time to fly home to Australia with my family.

Charge_ Had a verbal argument with a bouncer outside a dive bar and cops took me into custody. Spent 6 hrs in a cell without questioning and then released on Bail

Posted US $1000.00 cash bail to get out, seemed excessive

Question time...

My court date is set for early November which i will be unable to attend, failure to attend will result in a Bench warrant for my arrest which lasts 180 days from my research.

a. Is it possible to plead guilty and pay a fine prior to the court date?
b. can i engage a lawyer to attend on my behalf?
c. How will this affect my future travel plans to the US
d. I would like to fight the charge obviously but would i need to be present to do so??
e. If i have representation on the day of court will i get the Bail back??

My head is wrecked over this, any advice to the above would be greatly appreciated

Thanks
 

Tim W

Lawyer
LawTap Verified
28 April 2014
4,283
751
2,894
Sydney
You need the advice of a lawyer in Hawaii.
You will be able to instruct them from Australia.

a. Is it possible to plead guilty and pay a fine prior to the court date?
That's a question for your lawyer in Hawaii. He may be able to charge bargain it down to some sort of infringement/ misdemeanour.
b. can i engage a lawyer to attend on my behalf?
Yes. Getting one who believes that you will pay them might be difficult.
c. How will this affect my future travel plans to the US
If you're convicted, it will stuff you utterly.
If given say, a bond or similar, then ESTA will no longer be an option, and you'll be applying for a visa each time you want to enter the US.
Which you may or may not get.
And yes, depending on the local law in Hawaii, your bench warrant may be waiting for you at the airport next time.
d. I would like to fight the charge obviously but would i need to be present to do so??
If you plan to be a witness, then yes.
You'll also need to be there in case you get a custodial sentence. This is why you need a local lawyer in Hawaii.
e. If i have representation on the day of court will i get the Bail back??
That's a question for your local lawyer in Hawaii.
 
Last edited:
  • Like
Reactions: Arrived88

Arrived88

Member
12 October 2018
2
0
1
You need the advice of a lawyer in Hawaii.
You will be able to instruct them from Australia.

That's a question for your lawyer in Hawaii. He may be able to charge bargain it down to some sort of infringement/ misdemeanour.
Yes. Getting one who believes that you will pay them might be difficult.
If you're convicted, it will stuff you utterly.
If given say, a bond or similar, then ESTA will no longer be an option, and you'll be applying for a visa each time you want to enter the US.
Which you may or may not get.
And yes, depending on the local law in Hawaii, your bench warrant may be waiting for you at the airport next time.
If you plan to be a witness, then yes.
You'll also need to be there in case you get a custodial sentence. This is why you need a local lawyer in Hawaii.
That's a question for your local lawyer in Hawaii.


Thanks Tim,

I have made contact with a legal firm in Honolulu and i am awaiting on their solicitor to contact me to discuss the case.

Obviously this has very serious consequences hence my post to gain as much information as possible.

Thank you again for your insight