From Trust 😇 to Trap 🪤: Exposing a Rogue Prosecutor's Malicious Maneuver

Dear Advocates for Fairness and Transparency,

In the realm of justice and legal proceedings, the balance between upholding the law and ensuring fair treatment to all parties is delicate and imperative. Today, I share with you a concerning tale that not only challenges this balance but also prompts us to reflect on the ethical standards governing our legal system.

A Journey of Accountability

Recently I had a client, in a profound demonstration of accountability, embarked on an international journey back to Hawaii, to clear a grand jury indictment bench warrant that arose months after moving from the state. This client, whom we will call Daniel, was caught in a “dammed if you do, dammed if you don’t” situation since postponing a self surrender meant he’d continue to be a fugitive, and if he chose to fly back to the United States, he could be held on a “no bail hold” for approximately 30 days or more, depending on the jurisdiction he was arrested in.

Below are AI generated pictures of Daniel. I chose this name, since in Hebrew, it means “God is my judge,” and is biblically associated with unwavering faith and a commitment to honesty and integrity while facing exile.

In anticipation of Daniel's self surrender, I took proactive steps to ensure his smooth transition back to Hawaii. First, I advised Daniel to ask his attorney to file a motion to temporarily recall his bench warrant OR in the alternate remove it from the National Crime Information Computer (NCIC), thereby allowing Daniel to enter the U.S. without the immediate threat of arrest.

Without either of these two stipulations, Daniel would almost certainly be arrested by Customs and Border Patrol upon landing in the United States.

In the biblical story, Daniel found himself in a lions' den due to his opponents reporting him to the king. My aim was to prevent a contemporary equivalent of this peril, ensuring Daniel wouldn't face unjust detention. Unfortunately, as I will explain, my efforts to avoid any form of betrayal weren't completely successful.

Daniel's attorney did a remarkable job in getting the bench warrant removed from the NCIC. Additionally, the attorney sought to petition the court for a bail reduction and permission for Daniel to leave the jurisdiction. If you are interested in exploring the best practices in achieving this task click here to download the PDF 'Path to Freedom: Navigating Bench Warrants and Travel Permissions for a Smooth Return to Hawaii.' It offers insights on how to refine your strategy for clearing bench warrants, in addition to travel permissions from the court.

To Daniel’s credit, he’s got a clean record, is gainfully employment, and owns a home in Hawaii. Although I remained cautious about the likelihood of a bail reduction, my overwhelming sentiment remains that “the customer is KING 👑” so I blessed his efforts, since the worst case scenario was that the court could say no, and then I would personally post his bail at the original amount…or so I thought that was the worst case scenario.

An Arrest That Raises Questions

Just moments before Daniel’s scheduled court appearance, while he was sitting inside of the court room awaiting his case to be called, a sheriff team asked him his name, then arrested him on the spot. This action was not only shocking but deeply flawed for several reasons:

1. The Timing of the Arrest: The warrant, not actionable while my client was abroad, only became executable due to his voluntary return—a move made in good faith to engage with the legal process in Hawaii. The decision to arrest him just minutes before his court appearance undermines the very principle of encouraging individuals to willingly participate in their defense.

2. Potential Prosecutorial Overreach: While it may be challenging to obtain hard evidence, I have concluded that the only way the cell block sheriffs could have executed the arrest, was after being instructed to do so from the prosecutor’s office. The presiding judge conceded the arrest was not upon the court’s most recent order, and the cell block sheriffs, whom are not trained nor assigned the service of warrants, didn’t have any information on Daniel, until he provided verification of his identity. I firmly believe its unethical for any court officer to sabotage a bail hearing by orchestrating a preemptive arrest. This scenario is a clear example of acting in bad faith.

3. A Disruption of Judicial Economy and Process: The orchestrated arrest not only shocked those present but also significantly disrupted the day's judicial proceedings. Despite the hearing being a mere five minutes away, Daniel's premature arrest at 8:25 am meant he would miss his 8:30 am hearing, and would have to spend a night in jail, awaiting a rescheduled court appearance the next morning. This unnecessary delay thwarted the very essence of efficiency and fairness in legal processes. Thankfully, through the nimble actions of his private attorney, the hearing was expedited to the afternoon session—a fortunate, yet rare adjustment. This entire episode served no practical purpose; it was just chaos for the sake of chaos.

The Courthouse: A Sanctuary for Justice

The courthouse should stand as a bastion of justice, not a precarious trap for those who come to defend themselves. Arresting defendants within its walls, especially without explicit direction from the court, tarnishes the sanctity of this space. It sends a chilling message that the act of coming forward to answer charges can be met with immediate and unanticipated detention, discouraging engagement with the legal system and eroding trust in its processes.

The Ethical Breach

What happened to Daniel raises profound ethical questions. Agreeing to a hearing to discuss self-surrender terms, only to preempt it with an arrest, reeks of bad faith. It disrupts the logical and humane order of legal proceedings where a person voluntarily appearing for a hearing on terms of surrender should not be forcibly arrested without pressing cause—especially when such an arrest obfuscates the opportunity for discussions on bail reduction and travel permissions.

A Reflection on Justice

Trust no-one and protect yourself folks. Being innocent is not enough now-a-days. You have to be innocent and cunning to circumvent government overreach, as we learned from my present day story of Daniel.

Unfortunately, the unfair treatment Daniel experienced is unlikely to inspire any significant changes in the court or prosecutor office's practices. The names will change, but the pattern of mistreatment will certainly persist. Our best defense is knowledge—understanding the potential pitfalls and planning strategically to avoid them. This is why I've compiled a guide for anyone flying back to Hawaii to clear a bench warrant. 

At A-1 Bail Bonds, I am here to offer guidance and support, drawing from my extensive experience as a licensed bail since 2004. Let the story of Daniel be a lesson in the necessity of vigilance and strategic planning against governmental overreach.

In pursuit of fairness and transparency 💯,

A1 Nick