Hawaii Motion to Revoke Bond When Charged with First Degree Felony

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This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

Title: Understanding Hawaii Motion to Revoke Bond When Charged with First Degree Felony Introduction: In the state of Hawaii, a motion to revoke bond can be initiated when an individual is charged with a serious offense, such as a first-degree felony. This legal maneuver aims to reassess the defendant's eligibility for bail, considering the severity of the alleged crime and the potential risks posed to public safety. This article will provide an in-depth insight into Hawaii's motion to revoke bond when facing a first-degree felony charge, shedding light on its key aspects and possible variations. Key Points: 1. Definition of a First Degree Felony in Hawaii: — Explain what offenses are categorized as first-degree felonies in Hawaii, such as murder, rape, or kidnapping. — Emphasize the gravity of first-degree felonies and the potential implications they carry. 2. Understanding a Motion to Revoke Bond: — Define what a motion to revoke bond encompasses and its purpose within the legal system. — Highlight the importance placed on public safety when determining bond eligibility for individuals charged with severe offenses. 3. Reasons for Filing a Motion to Revoke Bond in First Degree Felony Cases: — Explore the factors that may prompt the prosecution or the court to pursue the revocation of a defendant's bond. — Discuss the concept of flight risk, potential harm to the community, tampering with evidence, or witness interference as common grounds for filing such a motion. 4. Process of Filing a Motion to Revoke Bond: — Outline the necessary steps involved in initiating a motion to revoke bond in Hawaii. — Describe the role of the prosecution, the defense, and the judge in this process. — Explain the importance of presenting compelling evidence to support the motion. 5. Possible Outcomes and Variations: — Discuss the potential outcomes if a motion to revoke bond is granted, including pretrial detention, higher bond amounts, or additional bail conditions. — Mention any potential alternatives, such as ankle monitoring or house arrest, that might be considered instead of full custody. Conclusion: Facing a first-degree felony charge in Hawaii can lead to significant legal ramifications, including the consideration of a motion to revoke bond. It is crucial to navigate the intricacies of this process to protect public safety while safeguarding the defendant's rights. By understanding the complexities associated with Hawaii's motion to revoke bond when charged with a first-degree felony, defendants, legal professionals, and the public can gain a clearer perspective on the intricacies of the state's criminal justice system.

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For the most serious class of felonies, other than murder, a six-year period is set, while for the other classes of felonies, three years is deemed sufficient. Consistent with prior law, a two-year period is set for misdemeanors. Prosecution for petty misdemeanors and violations must be commenced within one year.

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.

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.

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.

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.

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.

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In the district court, a defendant charged with a felony shall not be called upon to plead, and proceedings shall be had in accordance with this section (c). (1) ... The Expungement process takes 120 days to complete. Expedited services are not available. An expungement of your arrest record does not remove or seal court ...This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. (3) No bail shall be allowed pending appeal of a conviction for a violation of section 712-1207, unless the court finds, based on the defendant's record, that ... If the person violates the terms of their bond, a bond revocation is a change in the court order that confines them to jail until their trial date. Jun 20, 2022 — ... file a motion with the court requesting relief from the requirement to post bond. The court shall rule on the motion in an expedited manner. If a defendant violates conditions set by the judge that must be followed in order to remain out on bond, the bond can be revoked and the defendant returned to ... Jun 20, 2022 — (C) A person who is indicted for, or arraigned on a warrant charging, criminal sexual conduct in the first degree, armed robbery, or kidnapping ... Jan 2, 2018 — 64 As explained above, bail for a single class C felony is typically set at $11,000 or higher . Most bail for all felony charges in the First. When felony charges are filed by a direct complaint, a preliminary hearing ... The petition to revoke begins the formal proceedings in probation violation court.

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Hawaii Motion to Revoke Bond When Charged with First Degree Felony