Hawaii Motion to Quash Indictment is a legal procedure used to challenge the validity of an indictment in the state of Hawaii. This motion is typically filed by the defendant's attorney before the trial begins, seeking to have the indictment dismissed. Indictment is a formal accusation that a person has committed a crime, presented by a grand jury based on evidence presented by the prosecution. However, a defendant can challenge the indictment by filing a Motion to Quash, claiming that it is legally defective or lacking sufficient evidence to support the charges. There are different types of Hawaii Motion to Quash Indictment that can be submitted based on various grounds, including: 1. Lack of Jurisdiction: A motion can be filed if the court lacks authority over the case or if the indictment was brought in the wrong jurisdiction. 2. Insufficient Evidence: This motion argues that there is insufficient evidence presented by the prosecution to support the charges laid out in the indictment. 3. Defective Grand Jury Proceedings: A motion can be filed if there were irregularities or misconduct in the grand jury proceedings, such as improper jury selection or failure to present essential evidence. 4. Violation of Constitutional Rights: If the defendant's constitutional rights were violated during the investigative or grand jury process, a motion can be filed, asserting that the indictment should be quashed as a result. 5. Double Jeopardy: If the defendant has already been tried for the same offense in a previous case, a motion on grounds of double jeopardy can be submitted. 6. Statute of Limitations: If the crime alleged in the indictment took place outside the statute of limitations period, a motion can be filed to dismiss the charges. When filing a Hawaii Motion to Quash Indictment, it is crucial for the defendant's attorney to clearly articulate the legal basis for challenging the indictment and present supporting arguments. Properly addressing the relevant keywords such as "indictment," "motion to quash," "Hawaii," "jurisdiction," "insufficient evidence," "defective grand jury proceedings," "constitutional rights," "double jeopardy," and "statute of limitations" in the motion can improve the chances of success in dismissing the charges.
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.