Hawaii Motion to Dismiss Counts of Indictment

Q: What is a Rule 11 plea agreement in Idaho?

A Rule 11 plea agreement is a &quot;binding&quot; 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.

Category:

Criminal - Dismissals

State:

Multi-State

Control #:

US-02616BG

Format:

Instant download

Description

Upon motion of a defendant the court may dismiss an indictment in any of the following circumstances:

" When the names of the witnesses are not inserted at the foot of the indictment or information or endorsed thereon;

" When more than one offense is charged in a single count;

" When it does not describe a public offense;

" When it contains matter which, if true, would constitute a legal justification or excuse of the offense charged, or other bar to the prosecution;

" When the grand jury which filed the indictment had no legal authority to inquire into the offense charged because it was not within the jurisdiction of the grand jury or because the court was without jurisdiction of the offense charged; and

" When an improper person was permitted to be present during the session of the grand jury while the charge embraced in the indictment was under consideration.

The above is not an exhaustive list.

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How to fill out Motion To Dismiss Counts Of Indictment?

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FAQ

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.

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.

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.

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 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.

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.

A Motion to dismiss an indictment is used if the evidence was insufficient to support the charges within the indictment and it can be based on several factors, including the State's failure to properly instruct the Grand Jury and/or the State's witnesses misleading the Grand Jury.

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.

Hawaii Motion to Dismiss Counts of Indictment

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Hawaii Motion to Dismiss Counts of Indictment

Description

Related forms

Viewed forms

How to fill out Motion To Dismiss Counts Of Indictment?

Form popularity

FAQ

What is the change of plea rule 11 in Alaska?

What is the rule 40 in Hawaii?

What is Rule 11 of the Federal Rules of Criminal Procedure?

What is Rule 48 in Hawaii?

What is a Rule 11 plea agreement in Idaho?

What is a conditional plea in Rule 11?

What is a motion to dismiss an indictment in NJ?

What is the rule 11 in HRPP?

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