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The Criminal Justice Problem that only a lawsuit may fix - DOUBLE service of bench warrants

Serving Families Throughout Honolulu


Hi, I’m A-1 Nick with A-1 Bail Bonds and in this issue of jail mail we’ll discuss:

  1. The DOUBLE service of bench warrants.
  2. The simple fix which could save attorneys, bail agents, and law enforcement alike time and stress.
  3. The probable lawsuit which most likely will force a resolution.

#1 - The DOUBLE service issue:

Bench warrants are created when a case transfers from district court to circuit court typically upon grand jury indictment. When the bench warrant is uploaded into databases like, “ebench”, a separate document called an “Order Pertaining to Bail,” or OPB is rarely uploaded in tandem. Because of this defective workflow, HPD regularly receive warrants, which they have already served, without the benefit or availability of reviewing the OPB which confirms the originating bail had already been posted and transfers to the warrant currently on their desk.

So in plain English, bench warrants are regularly served a second time, and defendants whom have already posted bail, are routinely denied release.

#2 - The Oh So Simple Fix:

Now the possible solutions are simple and painless to implement; the court could either:

  1. When bail has already been posted, upload OPBs into the ebench system IN TANDEM with the bench warrant, so all law enforcement agencies can view them.
  2. Write in BOLD print on any new bench warrant where bail transfers: Defendant shall be released after arrest, since bail transfers from district court case #____ to circuit court case #____.

#3 - The Lawsuit Solution:

The uncomfortable truth, is that for things to change in the state of Hawaii, it takes a HUGE lawsuit where the cost of doing nothing largely outweighs the price of doing the right thing.

The reality is fresh on my mind, since just last week, I had a client go through the DOUBLE SERVICE rigmarole. It was quite a position for me, since within minutes I made contact with both the client's attorney and HPD officer assigned to that warrant.

When I explained to the HPD officer the OBP issue, he quickly relayed the details to his superior, who then called directly to inform me he's telling the officer to stand down. The HPD brass were all concerned about serving a pointless warrant which opened the department up to a lawsuit for wrongful arrest and detention. The officer was also offended his department was assigned work that wasn't their "kuleana," since the sheriff's office typically handle these types of warrants.

Then minutes later, when I made contact with the client's private counsel, the attorney couldn't wait for an opportunity to sue HPD for violating the rights of his client by detaining said client after bail had been posted. In other instances, I've had attorneys warn that all it would take is one "arrest gone wrong," for a tragedy to occur and a HUGE lawsuit to be filed.


But before we go crazy trying to sue one another, here's the "band aid" solution for clients that have already posted bail, but need to get processed a second time. Just go to 240 Keawe st BEFORE noon on any non-holiday weekday, and the sheriff will process the warrant and promptly release clients that have already posted bail.

The court has a longstanding relationship with the sheriff's office on these particular matters, so they are the preferred agency to settle such warrants.

Unfortunately, any self surrender with HPD opens the door to indefinite detention, since the concept of a "bail transfer," has never been fully embraced by the agency. I've had countless clients held for hours, days, or in certain situations, A-1 has had to file a second bail bond, just to secure a client's release. To side-step the injustice, I recommend going through the sheriff's office, and the video above explains how to do so from A to Z.

Earlier this year, A-1 reworked our phone system with the goal of never missing a call. Since implementing our new system in January of 2022, A-1 has a near 100% answer rate. Our google listing number, 808-664-5010 rings to 4 agents sequentially, so YOU can reach a live person on almost every call.

Yes, you can be arrested on a bench warrant weeks, months, or even years after being released pending investigation (RPI'd). The court has no obligation to serve you with a notice! But never fear, A-1's Warrant Checker Service offers prospects a subscription service where you'll get weekly reports on the status of your case. If we find a bench warrant, we'll call, text, and email you immediately. If no warrant appears, you'll get a weekly email confirming you're bench warrant free.

BONUS: If a bench warrant appears, A-1 will offer subscribers a discount on your A-1 Bail Bond!

First bench warrant search is FREE

Click HERE to watch the video with more details on the service