Form C (1C-P-988) "Waiver of Physical Presence; Submission of Plea" - Hawaii

What Is Form C (1C-P-988)?

This is a legal form that was released by the Hawaii Circuit Court - a government authority operating within Hawaii. As of today, no separate filing guidelines for the form are provided by the issuing department.

Form Details:

  • Released on May 5, 2021;
  • The latest edition provided by the Hawaii Circuit Court;
  • Easy to use and ready to print;
  • Quick to customize;
  • Compatible with most PDF-viewing applications;
  • Fill out the form in our online filing application.

Download a fillable version of Form C (1C-P-988) by clicking the link below or browse more documents and templates provided by the Hawaii Circuit Court.

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Form C
WAIVER OF PHYSICAL PRESENCE; SUBMISSION OF PLEA
IN THE
COURT OF THE
WAIVER OF
Case Number:
CIRCUIT
PHYSICAL PRESENCE:
DIVISION
SUBMISSION OF PLEA
STATE OF HAWAIʻI vs. (DEFENDANT)
Police Report Number:
CHARGE(S): VIOLATION OF H.R.S. SECTION(S)
AMENDED CHARGE(S):
REVISED ORDINANCE SECTION(S)
In accordance with Rule 43, Hawaiʻi Rules of Penal Procedure:
1.
I understand that I have the right to be present at the arraignment, at pretrial
proceedings, at the time I enter my plea and at my sentencing. I voluntarily waive(give
up) my right to be physically present at all of these proceedings. I authorize my lawyer
to represent me in all of these proceedings without my physical presence.
2.
I understand that face-to-face video conferencing might be necessary in order for the
court to [ ] accept or [ ] defer my plea and [ ] impose or [ ] defer sentence.
3.
I understand that I have the right to address the court before I am sentenced and agree to
do so via face-to-face video teleconferencing in lieu of me appearing in person before
the court.
4.
I plead:
[ ] GUILTY
OR
[ ] NO CONTEST
to the:
[ ] ORIGINAL
OR
[ ] AMENDED charge(s) listed above.
5.
My birth year is ________ and I am______years old. The last four digits
of my social security number are XXX-XX-________. I have completed
_____ years of education.
[ ]
I speak, read, write, and understand the English language.
)
Page 1 of 5
(Rev. 05/05/21
1C-P-988
RG-AC-508 (6/21) RL
CLEAR FORM
Form C
WAIVER OF PHYSICAL PRESENCE; SUBMISSION OF PLEA
IN THE
COURT OF THE
WAIVER OF
Case Number:
CIRCUIT
PHYSICAL PRESENCE:
DIVISION
SUBMISSION OF PLEA
STATE OF HAWAIʻI vs. (DEFENDANT)
Police Report Number:
CHARGE(S): VIOLATION OF H.R.S. SECTION(S)
AMENDED CHARGE(S):
REVISED ORDINANCE SECTION(S)
In accordance with Rule 43, Hawaiʻi Rules of Penal Procedure:
1.
I understand that I have the right to be present at the arraignment, at pretrial
proceedings, at the time I enter my plea and at my sentencing. I voluntarily waive(give
up) my right to be physically present at all of these proceedings. I authorize my lawyer
to represent me in all of these proceedings without my physical presence.
2.
I understand that face-to-face video conferencing might be necessary in order for the
court to [ ] accept or [ ] defer my plea and [ ] impose or [ ] defer sentence.
3.
I understand that I have the right to address the court before I am sentenced and agree to
do so via face-to-face video teleconferencing in lieu of me appearing in person before
the court.
4.
I plead:
[ ] GUILTY
OR
[ ] NO CONTEST
to the:
[ ] ORIGINAL
OR
[ ] AMENDED charge(s) listed above.
5.
My birth year is ________ and I am______years old. The last four digits
of my social security number are XXX-XX-________. I have completed
_____ years of education.
[ ]
I speak, read, write, and understand the English language.
)
Page 1 of 5
(Rev. 05/05/21
1C-P-988
RG-AC-508 (6/21) RL
CLEAR FORM
[ ]
I do not speak, read, write, and understand the English
language. This document was interpreted from English
to
.
(Insert Language)
6.
My mind is clear. I am not ill. I did not consume any substances which have affected my
ability to understand this document or this proceeding.
7.
My lawyer explained the charge(s) against me. I understand the charge(s). I told my
lawyer everything I know about the case. My lawyer explained the government’s
evidence against me, the facts which the government must prove in order to convict me
and my possible defenses.
8.
I understand that by pleading guilty or no contest I give up my right to a trial by a jury or
by the court. I understand that for misdemeanor and felony offenses in a jury trial:
a.
Twelve members of the community make up a jury;
b.
I may take part in jury selection;
c.
A jury verdict must be unanimous; and
d.
If I waive a jury trial, the judge alone will decide whether I am guilty or not guilty.
I further understand that in any trial,
a.
the government is required to prove my guilt beyond a reasonable doubt;
b.
I have the right to see, hear and question the witnesses who testify against me;
c.
I have the right to call my own witnesses to testify for me, but I am not obligated
to present any evidence in my own defense, nor can any conclusions be drawn
against me for not presenting any evidence;
d.
I have the right not to testify, and should I decide not to testify my decision
cannot be used against me;
e.
I have the right to testify even though my lawyer thinks I should not, and that the
deputy prosecutor will be able to question me; and
f.
The court would ask me whether my decision to testify or not testify was my
own.
9.
I understand that the maximum penalties are: $
fine or
[ ] days
[
] months [
] year in jail or both. (If you are being prosecuted for multiple
offenses, complete Form E [listing for multiple offenses].)
INITIAL ONE: I [ ] am [ ] am not on probation or parole; I know that this plea
might provide a basis for revocation of my probation or parole.
)
Page 2 of 5
(Rev. 05/05/21
10.
INITIAL ONE:
[ ]
After discussing all the evidence and receiving advice from my lawyer, I plead
GUILTY because (give a brief factual statement of what the Defendant did):
[ ]
After discussing all the evidence and receiving advice from my lawyer, I plead
NO CONTEST because I do not wish to contest the charge(s) against me.
11.
I offer my plea freely and voluntarily and with full understanding of all the matters set
forth in the information, complaint, or indictment. No one is pressuring or threatening
me or anyone close to me to force me to plead. I am not taking the blame or pleading to
protect someone else from prosecution.
12.
INITIAL ONE:
[ ]
I do not have any agreement with the government regarding my plea. No one has
promised me any kind of deal or favor or leniency if I plead.
[ ]
I have reached the following agreement with the government (give a brief
statement):
INITIAL:
[ ]
I understand that the court is not bound by this agreement. I understand
that I will not be permitted to withdraw my plea if the court does not
follow the agreement.
[ ]
Other than the foregoing agreement with the government, no one has
promised me any kind of deal or favor or leniency if I plead.
13.
I understand that the court is not required to grant any request for a deferred acceptance
of a guilty or no contest plea.
14.
I consent to the court imposing sentence without me being physically present. If a
presentence report is required by law, I waive (give up) my right to have a presentence
report prepared and presented to the court. I further understand that non-compliance
with the court's judgment or order will result in the issuance of a bench warrant,
subjecting me to being arrested and having to appear in court.
)
Page 3 of 5
(Rev. 05/05/21
15.
I understand that the court will read the following to me before accepting my plea:
If you are not a citizen of the United States, whether or not you
have lawful immigration status, you have the right to receive
advice from your lawyer about the specific impact that this case
will have, if any, on your immigration status. The entry of a
guilty or no contest plea, admission of guilt or sufficient facts, or
conviction, deferred judgment, or deferred sentence might have
the consequences of your immediate detention, deportation,
exclusion from admission to the United States, or denial of
naturalization pursuant to the laws of the United States. In some
cases, detention and deportation from the United States will be
required. Your lawyer must investigate and advise you about
these issues prior to the commencement of trial, entry of a guilty
or no contest [plea], or admission of guilt or sufficient facts to
any offense punishable as a crime under state law, other than
those offenses designated as infractions. You are not required to
disclose your immigration or citizenship status to the court.
16.
I declare under penalty of perjury that I am the person charged with the offense(s) noted
above and affix my fingerprint hereto. I further acknowledge that I signed this document
after reviewing it with my lawyer. I am satisfied with my lawyer’s advice and
representation.
DATED this _________ day of ________________ , 20 ___.
Defendant’s Signature:
Defendant must affix
Address:
right thumbprint in
black ink
Telephone No.:
Defendant must
attach a recent
photograph showing
Defendant’s face as
it will appear during
video conference.
)
Page 4 of 5
(Rev. 05/05/21
DECLARATION OF COUNSEL
As counsel for the defendant and as an officer of the Court, I certify the following:
1.
I explained the defendant’s right to be present.
2.
The defendant represented to me that the defendant does not wish to be physically present
and that the defendant consents to the court conducting the proceedings in the
defendant’s physical absence.
3.
I read and explained this document to the defendant.
4.
The statements contained herein conform with my understanding of the defendant’s
position.
5.
I believe the defendant understands the document in its entirety.
6.
The defendant’s plea is voluntary.
7.
The defendant understands the nature of the charge(s) and the possible consequences.
DATED this _________ day of ________________ , 20 ___.
__________________________________
Attorney for the Defendant
Approved and so ordered:
______________________________________
Judge of the Above-Entitled Court
)
Page 5 of 5
(Rev. 05/05/21
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