Defendant moves the court to quash the indictment against him/her. Defendant argues that the indictment fails to supply required information, and the indictment is also vague and ambiguous and does not apprise the defendant of the charge against him/her with sufficient specificity to permit adequate preparation of a defense.
Hawaii Motion to Quash Indictment
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A Rule 11 plea agreement is a "binding" plea agreement. It is an agreement entered into by the parties for a certain sentence if the defendant pleads guilty to a specific criminal charge. A plea agreement under this rule binds the court to the terms of the agreement.
Federal Rule of Criminal Procedure 11(d) requires that the court not accept a plea of guilty or nolo contendere without first, by addressing the defendant personally in open court, determining that the plea is voluntary and not the result of force or threats or of promises apart from a plea agreement.
A defendant may plead not guilty, guilty or no contest. If a defendant refuses to plead or if the court refuses to accept a plea of guilty or no contest or if a defendant corporation fails to appear, the court shall enter a plea of not guilty. (2) CONDITIONAL PLEAS.
Rule 40 - Motion for Reconsideration (a) Time. A motion for reconsideration may be filed by a party only within 10 days after the filing of the opinion, dispositional order, or ruling unless by special leave additional time is granted during such period by a judge or justice of the appellate court involved.
With the consent of the court and the government, a defendant may enter a conditional plea of guilty or nolo contendere, reserving in writing the right to have an appellate court review an adverse determination of a specified pretrial motion. A defendant who prevails on appeal may then withdraw the plea.
Rule 48 - Dismissal (a) By prosecutor. The prosecutor may by leave of court file a dismissal of a charge and the prosecution shall thereupon terminate. Such a dismissal may not be filed during the trial without the consent of the defendant.
A defendant may move for withdrawal of the plea without alleging innocence of the charge to which the plea has been entered. (2) Before sentencing, the trial court shall allow a defendant to withdraw a plea whenever the defendant, upon timely motion, proves that withdrawal is necessary to correct manifest injustice.
R. Evid. 404. It operates to exclude generally evidence of a person's character "for the purpose of proving that he acted in conformity therewith on a particular occasion." The exclusion represents a particularized application of the principle of Rule 403 supra.