Hawaii Judgment of Conviction and Sentence is a legal document that outlines the final decision reached after a criminal trial or plea bargain in the state of Hawaii. It signifies the official declaration of guilt or innocence, as well as the penalty imposed upon the convicted person. The judgment of conviction and sentence is issued by a judge and includes various important details. These may include the defendant's name, the case number, and the specific charges for which they were found guilty. It outlines the evidence presented during the trial, the jury's or judge's verdict, and any legal statutes violated. In Hawaii, there are various types of judgments of conviction and sentence, depending on the nature of the offense. Some common types include: 1. Felony Conviction and Sentence: This judgment is applicable when a person is found guilty of a serious crime, typically punishable by imprisonment for more than a year. Felonies can include offenses such as murder, rape, drug trafficking, or white-collar crimes. 2. Misdemeanor Conviction and Sentence: This type of judgment is issued for less serious offenses, usually carrying a maximum penalty of up to one year in jail. Misdemeanors can involve crimes like petty theft, disorderly conduct, or driving under the influence (DUI). 3. Traffic Violation Conviction and Sentence: In cases of minor traffic offenses, such as speeding, driving without a valid license, or running a red light, a judgment of conviction and sentence may be issued. These violations generally result in fines, license suspension, or attendance in traffic school. 4. Juvenile Offense Conviction and Sentence: Hawaii also has a separate system for juveniles who commit offenses. When a minor is found guilty of a crime, the judgment of conviction and sentence outlines the consequences specific to their age group, including probation, counseling, or community service. The Hawaii Judgment of Conviction and Sentence serves as an official record of the court's decision and is crucial for law enforcement agencies, probation officers, and the convicted individual. It helps establish a person's criminal history, which can impact future legal proceedings and potential sentences for subsequent offenses.
Hawaii Judgment of Conviction and Sentence
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In the judgment of conviction, the court must set forth the plea, the jury verdict or the court's findings, the adjudication, and the sentence. If the defendant is found not guilty or is otherwise entitled to be discharged, the court must so order. The judge must sign the judgment, and the clerk must enter it.
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.
Rule 35 - Correction or Reduction of Sentence (a) Correction of Illegal Sentence. The court may correct an illegal sentence at any time and may correct a sentence imposed in an illegal manner within the time provided herein for the reduction of sentence.
Unless the court otherwise directs and subject to the provisions of Rule 54 of these rules and Rule 23 of the Rules of the Circuit Courts, the prevailing party shall prepare and submit a proposed judgment.
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.
The defendant shall be present at the arraignment, at the time of the plea, at evidentiary pretrial hearings, at every stage of the trial including the impaneling of the jury and the return of the verdict, and at the imposition of sentence, except as otherwise provided by this Rule.