Form K (1C-P-851) "Criminal Plea Form" - Hawaii

What Is Form K (1C-P-851)?

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 February 3, 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 K (1C-P-851) by clicking the link below or browse more documents and templates provided by the Hawaii Circuit Court.

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Download Form K (1C-P-851) "Criminal Plea Form" - Hawaii

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FORM K
STATE OF HAWAI‘I
[ ] GUILTY PLEA
CIRCUIT COURT OF THE
[ ] NO CONTEST PLEA
CIRCUIT
[ ] MOTION TO DEFER
CASE NUMBER:
STATE OF HAWAI‘I vs. (Defendant)
Year of Birth:
Defendant’s Age:
Education (Last Grade Completed):
CHARGE(S)/HRS:
MAXIMUM IMPRISONMENT/FINE:
REPORT NUMBER(S):
Extended Term of Imprisonment:
Mandatory Minimum Term of Imprisonment:
1.
My mind is clear and not under the influence of any illicit drugs, alcohol, or prescribed medication. I am not
sick. I speak, read, write, and understand the English language or this document has been read to me or has
been interpreted for me.
2.
I have received a written copy of the original charge(s) in this case. The charge(s) has/have been explained
to me. I understand the original charge(s) against me. I told my lawyer all of the facts I know about the case.
My lawyer explained the State’s evidence against me, my possible defense(s), and the facts which the State
must prove in order to convict me.
3.
I understand the reduced charge(s) with which the State has agreed to charge me, instead of the original
charge(s). (Applicable only if original charge has been reduced.)
4.
I plead of my own free will. No one is pressuring me or threatening me or any other person to force me to
plead. I am not taking the blame or pleading to protect another person from prosecution.
5.
I know I have the right to plead not guilty or to persist in that plea and have a speedy and public trial by jury or
by the court. I know in a trial the State is required to prove my guilt beyond a reasonable doubt. I know I can
see, hear, and question witnesses who testify against me, and that I may call my own witnesses to testify for
me at trial. I understand I have the right to take the stand to testify and I have the right not to testify at trial. I
know by pleading I give up the right to file any pre-trial motions, and I give up the right to a trial and may be
found guilty and sentenced without a trial of any kind. Except in certain limited circumstances, I also give up
the right to appeal anything that has happened in this case to date.
[ ] Prosecutor [ ] Defendant [ ] Defense Counsel [ ] Adult Client Services Branch
1C-P-851
CLEAR FORM
(Rev. 2/03/21)
Page 1
FORM K
STATE OF HAWAI‘I
[ ] GUILTY PLEA
CIRCUIT COURT OF THE
[ ] NO CONTEST PLEA
CIRCUIT
[ ] MOTION TO DEFER
CASE NUMBER:
STATE OF HAWAI‘I vs. (Defendant)
Year of Birth:
Defendant’s Age:
Education (Last Grade Completed):
CHARGE(S)/HRS:
MAXIMUM IMPRISONMENT/FINE:
REPORT NUMBER(S):
Extended Term of Imprisonment:
Mandatory Minimum Term of Imprisonment:
1.
My mind is clear and not under the influence of any illicit drugs, alcohol, or prescribed medication. I am not
sick. I speak, read, write, and understand the English language or this document has been read to me or has
been interpreted for me.
2.
I have received a written copy of the original charge(s) in this case. The charge(s) has/have been explained
to me. I understand the original charge(s) against me. I told my lawyer all of the facts I know about the case.
My lawyer explained the State’s evidence against me, my possible defense(s), and the facts which the State
must prove in order to convict me.
3.
I understand the reduced charge(s) with which the State has agreed to charge me, instead of the original
charge(s). (Applicable only if original charge has been reduced.)
4.
I plead of my own free will. No one is pressuring me or threatening me or any other person to force me to
plead. I am not taking the blame or pleading to protect another person from prosecution.
5.
I know I have the right to plead not guilty or to persist in that plea and have a speedy and public trial by jury or
by the court. I know in a trial the State is required to prove my guilt beyond a reasonable doubt. I know I can
see, hear, and question witnesses who testify against me, and that I may call my own witnesses to testify for
me at trial. I understand I have the right to take the stand to testify and I have the right not to testify at trial. I
know by pleading I give up the right to file any pre-trial motions, and I give up the right to a trial and may be
found guilty and sentenced without a trial of any kind. Except in certain limited circumstances, I also give up
the right to appeal anything that has happened in this case to date.
[ ] Prosecutor [ ] Defendant [ ] Defense Counsel [ ] Adult Client Services Branch
1C-P-851
CLEAR FORM
(Rev. 2/03/21)
Page 1
GUILTY/NO CONTEST PLEA (Continued)
CASE NUMBER:
6.
I further understand that for misdemeanor and felony offenses: (a) twelve members of the community make up
a jury; (b) in a jury trial, I may take part in jury selection; (c) in a jury trial, the jury’s verdict must be unanimous;
and (d) if I waive a jury trial, the judge alone will decide whether I am guilty or not guilty.
7.
I understand that the court may impose any of the following penalties for the offense(s) to which I now plead:
the maximum term of imprisonment, any extended term of imprisonment, and any mandatory minimum term
of imprisonment specified above; consecutive terms of imprisonment (if more than one charge); restitution; a
fine; a fee and/or assessment; community service; probation with up to 2 years of imprisonment and other
terms and conditions. I further understand that: (a) the court must order restitution for reasonable and verified
losses requested by a victim or when the crime victim compensation fund makes an award; (b) the court
cannot waive the restitution amount or convert it to community service; and (c) unless the amount of
restitution has already been determined, the court cannot determine what a possible restitution amount will be
until a later time.
8.
[
]
I plead no contest because, after discussing all the evidence and receiving advice on the law from my
lawyer, I do not want to contest the charge(s) against me.
[
]
I plead guilty because, after discussing all the evidence and receiving advice on the law from my
lawyer, I believe that I am guilty. (Give a brief statement of the facts that establish your guilt as to each
offense to which you are entering a plea pursuant to the requirements of HRS §§ 701-114, 701-115,
702-205, and 702-206, as amended.)
[
]
I move to defer acceptance of my plea. I understand that if the court denies my motion, the court will
then find and adjudge me guilty upon this plea, and impose sentence.
9.
I have not been promised any kind of deal or favor or leniency by anyone for my plea, except that I have been
informed that the State has agreed as follows (if none, write “None”):
[
]
I have reviewed with my lawyer a written copy of the agreement between myself and the State, which
is attached hereto, and I fully understand and agree to its terms.
[
]
I know that the court is not required to follow any deal or agreement between the State and me. I
know that the court has not promised me leniency.
[
]
The court has agreed to follow the plea agreement pursuant to Rule 11, Hawaiʻi Rules of Penal
Procedure.
10.
I further state that (if none, write “None”):
(Rev. 2/03/21)
Page 2
GUILTY/NO CONTEST PLEA (Continued)
CASE NUMBER:
11.
I understand that:
[
]
If I am not a citizen of the United States, whether or not I have lawful immigration status, I have the
right to receive advice from my lawyer about the specific impact that this case will have, if any, on my
immigration status.
[
]
The entry of a guilty or no contest plea, admission of guilt or sufficient facts, or conviction, deferred
judgment or deferred sentence may have the consequence of my 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.
[
]
My lawyer must investigate and advise me about the aforementioned issues prior to the
commencement of trial, entry of a guilty or no contest plea, or admission of guilt or sufficient facts to
establish any offense punishable as a crime under state law, other than those offenses designated as
infractions, and I acknowledge that I have been so advised.
[
]
I am not required to disclose my immigration status or citizenship status to the court.
12.
I am signing this Guilty/No Contest Plea document after I have gone over all of it with my lawyer. I know I will
not be permitted to withdraw my plea except in certain limited circumstances. I am signing this form in the
presence of my lawyer. I have no complaints about my lawyer and I am satisfied with what my lawyer has
done for me.
DATE
DEFENDANT’S SIGNATURE
CERTIFICATE OF COUNSEL
I certify that I have read and explained fully this Guilty/No Contest Plea document to the defendant and believe the
defendant understands this document in its entirety. The statements contained in this document conform with my
understanding of the defendant’s position. I believe the defendant’s plea is made voluntarily and with an intelligent
understanding of the nature of the charge(s) and possible consequences. The defendant signed this Guilty/No Contest
Plea document in my presence. I further certify that I have complied with Rules 1.2(a) and 1.4 of the Hawai‘i Rules of
Professional Conduct.
DATE
ATTORNEY FOR DEFENDANT
SIGNATURE
I acknowledge that the Judge questioned me personally on the record during a hearing to make sure that I knew what
I was doing in pleading guilty or no contest and understood this document before I signed it.
DATE
DEFENDANT’S NAME
DEFENDANT’S SIGNATURE
(signed after questioning by the court)
JUDGE
(Rev. 2/03/21)
Page 3
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