§833-2 - Hearing and right to counsel.
§833-2 Hearing and right to counsel.
(a) The person whose removal is sought shall be brought before the district
judge immediately upon arrest pursuant to the penal summons or warrant;
whereupon the district judge shall set a time and place for hearing, and shall
advise the person of the person's right to have the assistance of counsel, to
confront the witnesses against the person, and to produce evidence in the
person's own behalf at the hearing.
(b) The person whose removal is sought may at
this time in writing waive the hearing and agree to be returned to the
demanding court, judge, or magistrate. If a waiver is executed, the district
judge shall issue an order pursuant to section 833-3.
(c) The district judge may impose conditions
of release authorized by the laws of this State which will reasonably assure
the appearance at the hearing of the person whose removal is sought. [L 1971, c
115, §2; HRS §713C-2; ren L 1972, c 9, pt of §1; gen ch 1985]