Form D (1C-P-989) "Waiver of Physical Presence; Submission of Plea; Pro Se Defendant" - Hawaii

What Is Form D (1C-P-989)?

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 D (1C-P-989) by clicking the link below or browse more documents and templates provided by the Hawaii Circuit Court.

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Form D
WAIVER OF PHYSICAL PRESENCE; SUBMISSION OF PLEA; PRO SE DEFENDANT
IN THE
COURT OF THE
WAIVER OF PHYSICAL
Case Number:
CIRCUIT
PRESENCE: SUBMISSION OF
DIVISION
PLEA; PRO SE DEFENDANT
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 am proceeding without an attorney and I have full knowledge of the following: (Each
box must be initialed by Defendant).
[ ]
I understand that I have a right to representation by an attorney. I also
understand that if I am financially unable to afford an attorney the court will
appoint one at no cost to me.
[ ]
The information(s), complaint(s) and/or indictment(s) set(s) out what the
government claims I did. I have read the information(s), complaint(s) and/or
indictment(s). I know the government must prove the allegations in the
information(s), complaint(s) or indictment(s) in order to convict me.
[ ]
I understand the charge(s) against me.
[ ]
I understand that I have the right to be present at the arraignment, at pretrial
proceedings, at a trial, 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.
Page 1 of 5
(Rev. 05/05/21)
1C-P-989
CLEAR FORM
Form D
WAIVER OF PHYSICAL PRESENCE; SUBMISSION OF PLEA; PRO SE DEFENDANT
IN THE
COURT OF THE
WAIVER OF PHYSICAL
Case Number:
CIRCUIT
PRESENCE: SUBMISSION OF
DIVISION
PLEA; PRO SE DEFENDANT
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 am proceeding without an attorney and I have full knowledge of the following: (Each
box must be initialed by Defendant).
[ ]
I understand that I have a right to representation by an attorney. I also
understand that if I am financially unable to afford an attorney the court will
appoint one at no cost to me.
[ ]
The information(s), complaint(s) and/or indictment(s) set(s) out what the
government claims I did. I have read the information(s), complaint(s) and/or
indictment(s). I know the government must prove the allegations in the
information(s), complaint(s) or indictment(s) in order to convict me.
[ ]
I understand the charge(s) against me.
[ ]
I understand that I have the right to be present at the arraignment, at pretrial
proceedings, at a trial, 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.
Page 1 of 5
(Rev. 05/05/21)
1C-P-989
CLEAR FORM
[ ]
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.
[ ]
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 instead of me appearing in
person before the court.
[ ]
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:
[ ]
Twelve members of the community make up a jury;
[ ]
I may take part in jury selection;
[ ]
A jury verdict must be unanimous; and
[ ]
If I waive a jury trial, the judge alone will decide whether I am guilty or not
guilty.
[ ]
I understand that in any trial,
[ ]
the government is required to prove my guilt beyond a reasonable doubt;
[ ]
I have the right to see, hear and question witnesses who testify against
me;
[ ]
I have the right to call my own witnesses to testify for me, but Iam not
obligated to present any evidence in my own defense, nor can any
conclusions be drawn against me for not presenting any evidence;
[ ]
I have the right not to testify, and should I decide not to testify my
decision cannot be used against me;
[ ]
I have the right to testify and that the deputy prosecutor will be able to
question me; and
[ ]
The court would ask me whether my decision to testify or not to testify
was my own.
[
]
I understand that an attorney would:
(a)
investigate my case, call witnesses, and present evidence;
(b)
research the law and present legal issues on my behalf and present
defenses to the charge(s) on my behalf;
(c)
know and explain courtroom procedures and argue my case; and
(d)
negotiate with the government to reduce the charge(s) or lessen the
sentence.
Page 2 of 5
(Rev. 05/05/21)
[ ]
I understand that, if I give up my right to an attorney, I will not have an
attorney’s assistance and must do everything an attorney would do by myself.
[ ]
I understand my right to be represented by an attorney. I may either hire my own
attorney or ask the court to appoint one if so required. I choose to give up my
right to an attorney and I desire to represent myself.
[ ]
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.
[ ]
I understand that the maximum penalties are: $
fine or
[ ] days [ ] months [ ] years in jail or both. (If you are being prosecuted for
multiple offenses, complete Form E [listing for multiple offenses].)
2.
I plead:
[ ]
GUILTY
OR
[ ]
NO CONTEST
to the:
[ ]
ORIGINAL
OR
[ ]
AMENDED charge(s) listed above.
3.
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.
[ ]
I do not speak, read, write, and understand the English language. This document
was interpreted from English to
.
(Insert Language)
4.
INITIAL ONE:
I [ ] am [
] am not on probation or parole; I know that thisplea
might provide a basis for revocation of my probation or parole.
5.
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.
6.
INITIAL ONE:
[ ]
I plead GUILTY because (Give a brief factual statement of what you did):
[ ]
I plead NO CONTEST because I do not wish to contest the charge(s) against me.
Page 3 of 5
(Rev. 05/05/21)
7.
I understand that the government may provide reports or information to establish a
factual basis for the plea and/or for sentencing recommendations.
8.
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
summary):
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, no one has promised me any kind of deal or
favor or leniency if I plead.
9.
I have full knowledge of the following: (Each box must be initialed)
[ ]
I understand that the court is not required to grant any request for a deferred
acceptance of a guilty or no contest plea.
[ ]
I consent to the court imposing sentence without me being physically present. If
a presentence report is required by law, I waive (give up) the 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 arrest and an order to appear in court.
[ ]
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 a
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.
Page 4 of 5
(Rev. 05/05/21)
[ ]
I declare under penalty of perjury, that I am the person charged with the
offense(s) listed above and affix my fingerprint hereto.
DATED this _________ day of________________ , 20 ___.
Defendant’s Signature:
Defendant must affix
right thumbprint in
Address:
black ink
Telephone No.:
Defendant must
attach a recent
photograph showing
Defendant’s face as
it will appear during
video conference.
Prosecutor
Approved and so ordered:
[ ]
Objects
[ ]
Does not object
[ ]
Takes no position
Judge of the Above-Entitled Court
(Date)
Page 5 of 5
(Rev. 05/05/21)
Page of 5