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J.Hazelbaker
J.Hazelbaker, Lawyer
Category: Criminal Law
Satisfied Customers: 4385
Experience:  Extensive training and experience in criminal law matters, both prosecuting and defending.
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Would the following be considered a closed or open case? STATE

Resolved Question:

Would the following be considered a closed or open case?

STATE OF HAWAII VS MICHAEL ******
Doc. ID: Date of Filing: 10-12-2007 Time of Filing: 1434

Doc. Name: STIPULATION TO RETURN BAIL AND TO RELEASE
DEFENDANT ON OWN RECOGNIZANCE AND TO ALLOW
DEFENDANT PERMISSION TO LEAVE THE JURISDICTION;
ORDER TO RETURN BAIL AND TO RELEASE DEFENDANT

Filing Party Name: ******, MICHAEL M
Volume Number:
Comments: ON OWN RECOGNIZANCE AND TO ALLOW DEFENDANT
PERMISSION TO LEAVE THE JURISDICTION
Submitted: 2 years ago.
Category: Criminal Law
Expert:  J.Hazelbaker replied 2 years ago.

J.Hazelbaker :

Hello. Thank you for using JustAnswer.

J.Hazelbaker :

The text you provide indicates that the defendant was refunded the amount posted for bail, released "on their own recognizance" (their voluntary compliance) and permitted to leave the county/state.

J.Hazelbaker :

This would indicate that there was a resolution in mind.

J.Hazelbaker :

However, based on what you posted, the case would still be open.

J.Hazelbaker :

There is no indication that the case was closed.

Customer:

Okay - so it sounds like the cased would be closed then, correct?

J.Hazelbaker :

If it were closed, it would state the disposition and it does not.

J.Hazelbaker :

On the other hand,

J.Hazelbaker :

it does not indicate that there was a subsequent hearing or that a bench warrant was issued for failure to appear.

J.Hazelbaker :

Thus, it's a better than 50/50 flip that the case has been closed and is not on the current docket.

J.Hazelbaker :

No judge would allow a criminal case to remain pending for five years.

J.Hazelbaker :

So, while the entry is incomplete, my interpretation is that it is closed.

J.Hazelbaker :

Please let me know what follow-up questions you have. If my above responses have been helpful, please click Accept so that I get credit for the time/effort. You may always restart the thread and ask follow-up questions at any time by clicking the “Reply” button at the bottom of the question/answer thread. You can access this thread later in your profile under the “My Questions” tab.

Customer:

Thanks again for all the info!

J.Hazelbaker, Lawyer
Category: Criminal Law
Satisfied Customers: 4385
Experience: Extensive training and experience in criminal law matters, both prosecuting and defending.
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