STATE OF HAWAII
PLEA AGREEMENT
[// GUIDANCE: This template is drafted for use in Hawaii state criminal prosecutions. It is designed to comply with the Hawaii Rules of Penal Procedure (“HRPP”), the Hawaii Revised Statutes (“HRS”) sentencing framework, and prevailing plea-bargain practice. All bracketed placeholders must be customized for each matter. Remove guidance comments prior to filing.]
TABLE OF CONTENTS
- Document Header
- Definitions
- Operative Provisions
3.1. Charges Subject to This Agreement
3.2. Defendant’s Plea
3.3. Sentencing Provisions
3.4. Waivers (Trial, Jury, Appeal, Collateral Attack)
3.5. Dismissal of Remaining Counts
3.6. Cooperation Obligations (If Any)
3.7. Immigration & Collateral Consequences - Representations & Warranties
- Covenants & Restrictions
- Default; Remedies for Breach
- Risk Allocation
- Governing Law & Forum
- General Provisions
- Execution Block
1. DOCUMENT HEADER
This Plea Agreement (this “Agreement”) is entered into and made effective as of [EFFECTIVE DATE] (the “Effective Date”) by and between:
A. The State of Hawaii, by and through the [NAME OF PROSECUTING AUTHORITY] (the “Government”); and
B. [DEFENDANT FULL LEGAL NAME], also known as [ANY ALIASES] (the “Defendant”).
RECITALS
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WHEREAS, the Defendant has been charged in Criminal Case No. [CASE NUMBER] in the Circuit Court of the [__] Circuit, State of Hawaii (the “Court”), with:
• Count 1 – [STATUTORY TITLE OF OFFENSE], in violation of [GENERAL STATUTE REFERENCE];
• Count 2 – [REPEAT AS NEEDED]; -
WHEREAS, the parties desire to resolve the above-referenced charges without trial, consistent with Haw. R. Penal P. 11 and the sentencing provisions of HRS Chapter 706;
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WHEREAS, the Defendant is represented by counsel and enters into this Agreement knowingly, voluntarily, and with full understanding of its consequences;
NOW, THEREFORE, the parties agree as follows:
2. DEFINITIONS
For purposes of this Agreement, the following terms shall have the meanings set forth below. Defined terms may be used in the singular or plural as the context requires.
“Agreement” means this Plea Agreement, including all appendices and any written amendments executed in accordance with Section 9.1.
“Breach” has the meaning provided in Section 6.1.
“Court” means the Circuit Court of the [__] Circuit, State of Hawaii, or any successor court exercising jurisdiction over the Criminal Case.
“Defendant” has the meaning provided in the Document Header.
“Effective Date” has the meaning provided in the Document Header.
“Government” has the meaning provided in the Document Header.
“Guidelines” means the Hawaii sentencing framework codified in HRS Chapter 706 and any applicable administrative sentencing guidelines or policies then in effect.
“Relevant Conduct” means all conduct deemed relevant to sentencing under the Guidelines.
“Sentence” means the final judgment of conviction and sentence imposed by the Court pursuant to Section 3.3.
3. OPERATIVE PROVISIONS
3.1 Charges Subject to This Agreement
The Defendant agrees to plead guilty to the following count(s):
• Count [__] – [TITLE OF OFFENSE].
All other counts, if any, are addressed in Section 3.5.
3.2 Defendant’s Plea
- The Defendant shall appear before the Court and enter a plea of GUILTY to the count(s) specified in Section 3.1.
- The parties stipulate that the Court’s acceptance of the plea shall satisfy the requirements of Haw. R. Penal P. 11.
3.3 Sentencing Provisions
3.3.1 Sentencing Guidelines and Statutory Maximums
a. The parties acknowledge the statutory maximum penalty for the offense(s) of conviction is [TERM OF YEARS]/[CLASS OF FELONY/MISDEMEANOR] and/or a fine not to exceed $[AMOUNT].
b. The applicable advisory Guidelines range is to be determined by the Court with input from the Pre-Sentence Investigation Report (“PSR”).
3.3.2 Agreed-Upon Sentence [SELECT ONE AND DELETE OTHERS]
a. Binding Plea (HRPP 11(c)(1)(C)). The parties agree, pursuant to HRPP 11(c)(1)(C), that an aggregate sentence of [SPECIFY INCARCERATION TERM], restitution of $[AMOUNT], and a term of [___] years of probation is appropriate (the “Agreed Sentence”).
--OR--
b. Non-Binding Recommendation (HRPP 11(c)(1)(B)). The Government will recommend a sentence at the low end of the Guideline range, but the Defendant understands the recommendation is not binding on the Court.
3.3.3 Restitution, Fines & Fees
The Defendant agrees to pay:
1. Restitution in the amount of $[AMOUNT] to the victim(s) identified in the PSR;
2. A crime victim compensation fee as mandated by HRS §351-62.5; and
3. Court costs as assessed by the Clerk of Court.
3.3.4 Supervision Conditions
The Defendant shall comply with all mandatory and discretionary conditions of probation or post-release supervision imposed by the Court, including but not limited to [LIST SPECIFIC CONDITIONS IF NEGOTIATED].
3.4 Waivers
3.4.1 Trial & Jury Waiver
By entering this Agreement, the Defendant knowingly and voluntarily waives the right to:
a. Plead not guilty;
b. Proceed to trial by jury or by the Court;
c. Confront and cross-examine adverse witnesses; and
d. Compel the attendance of witnesses in defense.
3.4.2 Appeal Waiver
Except as provided below, the Defendant waives the right to appeal any aspect of the conviction, the Sentence, and any lawful restitution order. This waiver does NOT apply to:
a. A Sentence that exceeds the statutory maximum;
b. A Sentence imposed as a result of an upward departure from the Guidelines not requested by the Government; or
c. Claims of ineffective assistance of counsel.
3.4.3 Collateral Attack Waiver
The Defendant further waives the right to seek post-conviction relief under Hawai‘i Rules of Penal Procedure Rule 40, 28 U.S.C. §2254/§2255, or any comparable provision, except on grounds of newly discovered evidence or a retroactively applicable change in law that renders the Defendant factually or legally innocent.
3.5 Dismissal of Remaining Counts
Provided the Defendant fully performs under this Agreement, the Government shall move at sentencing to dismiss Counts [LIST] and to decline further prosecution of any known, related offenses arising out of the same course of conduct.
3.6 Cooperation Obligations [OPTIONAL]
If Section 3.6 is marked “Applicable,” the following provisions apply; if not, this Section is inapplicable.
[] Applicable [] Not Applicable
If applicable, the Defendant shall:
a. Provide truthful, complete, and accurate information to law-enforcement authorities;
b. Testify truthfully in any proceeding when requested; and
c. Execute any requested waivers or stipulations.
The Government may, in its sole discretion, move for a sentencing reduction under HRS §706-606.5 or file a motion to reduce sentence after sentencing if substantial assistance is provided.
3.7 Immigration & Other Collateral Consequences
The Defendant understands that a conviction under this Agreement may have immigration, licensing, employment, or other collateral consequences. Counsel has advised—or had the opportunity to advise—the Defendant regarding such consequences, consistent with Padilla v. Kentucky, 559 U.S. 356 (2010).
4. REPRESENTATIONS & WARRANTIES
4.1 Defendant’s Representations
The Defendant represents that:
a. The Defendant is a U.S. citizen / lawful permanent resident / [OTHER STATUS];
b. The Defendant is competent and not under the influence of any substance impairing decision-making;
c. No threats, promises, or inducements other than those contained herein have been made; and
d. The Defendant has had adequate time to review this Agreement with counsel.
4.2 Counsel’s Certification
Defense counsel certifies that counsel has explained the charges, evidence, potential defenses, plea options, sentencing exposure, and all terms of this Agreement to the Defendant, and believes the Defendant is entering the plea knowingly and voluntarily.
4.3 Government’s Representations
The Government represents that, to the best of its knowledge, the plea is supported by an adequate factual basis and is made in good faith.
4.4 Survival
The representations and warranties in this Section 4 shall survive entry of judgment.
5. COVENANTS & RESTRICTIONS
5.1 Defendant’s Covenants
a. Compliance. The Defendant shall refrain from committing any federal, state, or local crime from the Effective Date through sentencing.
b. Disclosure. The Defendant shall disclose all assets and financial interests upon request for restitution purposes.
5.2 Government’s Covenants
a. Sentencing Recommendation. The Government will honor the sentencing position stated in Section 3.3.2.
b. No Further Prosecution. Upon fulfillment of the Agreement, the Government will not prosecute the Defendant for additional charges arising from the conduct described in the factual basis presented to the Court.
6. DEFAULT; REMEDIES FOR BREACH
6.1 Definition of Breach
A “Breach” occurs if the Defendant:
a. Fails to plead guilty as agreed;
b. Provides materially false, incomplete, or misleading information;
c. Commits any crime after the Effective Date; or
d. Otherwise violates any provision of this Agreement.
6.2 Government Remedies
Upon Breach, the Government may, without limitation:
1. Void this Agreement in whole or in part;
2. Reinstate or pursue any charges dismissed or not yet filed;
3. Use against the Defendant any statements, documents, or evidence provided pursuant to this Agreement; and
4. Oppose any downward adjustment or departure at sentencing.
6.3 Defendant’s Remedies
If the Government materially breaches this Agreement, the Defendant may seek enforcement or withdrawal of the plea, but shall first give written notice to the Government and an opportunity to cure.
6.4 Notice & Cure
The non-breaching party shall give written notice of Breach. The breaching party shall have [__] days to cure, unless the Breach is incapable of cure or involves new criminal conduct, in which case the non-breaching party may proceed immediately to enforce remedies.
6.5 Attorneys’ Fees
Each party shall bear its own attorneys’ fees and costs in any dispute arising under this Agreement.
7. RISK ALLOCATION
7.1 Indemnification
[Not Applicable – criminal plea agreements do not provide indemnification.]
7.2 Limitation of Liability
The Defendant’s exposure is limited to the Sentence and all ancillary orders (e.g., restitution, fines, forfeiture) imposed by the Court.
7.3 Force Majeure
[Not Applicable.]
8. GOVERNING LAW & FORUM
8.1 Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of Hawaii and applicable federal constitutional standards.
8.2 Forum Selection
Any dispute concerning the interpretation or enforcement of this Agreement shall be resolved by the Circuit Court of the [__] Circuit, State of Hawaii. Arbitration is not available.
8.3 Jury Waiver
The Defendant’s jury trial waiver is set forth in Section 3.4.1.
9. GENERAL PROVISIONS
9.1 Amendments & Waivers
No amendment or waiver of any provision of this Agreement is effective unless in writing and signed by all parties and, where required, approved by the Court.
9.2 Assignment
Neither party may assign any rights or delegate any obligations under this Agreement.
9.3 Successors & Assigns
This Agreement binds and benefits the parties and their respective successors, but it creates no third-party beneficiaries.
9.4 Severability
If any provision of this Agreement is held unlawful or unenforceable, the remaining provisions shall remain in full force, provided the essential terms can still be given effect.
9.5 Integration
This Agreement constitutes the entire agreement between the parties and supersedes all prior or contemporaneous oral or written understandings.
9.6 Counterparts; Electronic Signatures
This Agreement may be executed in multiple counterparts, each of which is deemed an original. Signatures transmitted by facsimile or electronic means (e.g., DocuSign) are deemed original for all purposes.
10. EXECUTION BLOCK
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the Effective Date.
FOR THE STATE OF HAWAII
[NAME], Esq.
[Title], [Prosecuting Authority]
Date: _________
FOR THE DEFENDANT
[DEFENDANT FULL LEGAL NAME]
Date: _________
DEFENSE COUNSEL ACKNOWLEDGMENT
As attorney for the Defendant, I certify that I have reviewed every part of this Agreement with my client, explained the rights waived, and am satisfied that my client understands and voluntarily accepts the terms herein.
[DEFENSE ATTORNEY NAME], Esq.
[Bar No. __]
Date: _______
COURT APPROVAL
The foregoing Plea Agreement is hereby accepted and approved on this _ day of _, 20__, pursuant to Haw. R. Penal P. 11.
Judge of the Circuit Court
[__] Circuit, State of Hawaii
[COURT SEAL]
[// GUIDANCE: Attach any factual stipulations, restitution schedules, or cooperation addenda as separate, consecutively numbered exhibits. Ensure that the factual basis is sufficiently detailed to satisfy HRPP 11(b)(3).]