State Plea Agreement - Hawaii

STATE PLEA AGREEMENT

Counsel-use record. This agreement records negotiated terms. It does not replace the court's plea colloquy, required advisements, factual-basis inquiry, sentencing authority, local forms, or case-specific legal advice.

1. RULE FRAMEWORK AND PLEA

Hawaiʻi Rule of Penal Procedure 11 governs guilty and no-contest pleas, advisements, voluntariness, plea agreements, and factual basis. A no-contest plea requires court consent after consideration of the parties' views and the public interest.

Plea selected: ☐ Guilty ☐ No contest (subject to court consent)

☐ Counsel verified every offense element, degree, enhancement, mandatory minimum, consecutive-sentence rule, and collateral consequence applicable to the selected plea.

2. COMPLETE NEGOTIATED TERMS

The prosecutor may agree to dismiss charges or recommend or not oppose a specified sentence or disposition. The court may participate in discussions and may agree to be bound, but otherwise must warn that it is not bound by the agreement.

State concessions

☐ Dismiss / abandon Count(s): [________________________________]

☐ Amend or reduce Count(s): [________________________________]

☐ Recommend or not oppose: [________________________________]

☐ Agree to a specific sentence or disposition, if legally permitted: [________________________________]

☐ Other lawful concession: [________________________________]

Defendant obligations

☐ Enter the selected plea to the listed charge(s).

☐ Provide a factual-basis statement or acknowledge the prosecution's proffer as permitted by the court.

☐ Appear for the plea, presentence, and sentencing proceedings.

☐ Complete the following pre-sentencing condition only if lawful and expressly approved: [________________________________]

☐ Cooperation term, if any, stated precisely in Attachment A: [________________________________]

No promise, waiver, dismissal, sentencing position, cooperation duty, or condition exists unless stated in this agreement and disclosed as required on the record.

3. SENTENCING POSITION

☐ The parties have identified whether each item is binding, jointly recommended, unopposed, left open, or subject to a presentence report.

☐ The parties have not described a sentence as guaranteed unless current law authorizes a binding agreement and the court accepts it as binding.

4. DEFENDANT ACKNOWLEDGMENTS

The defendant confirms after consultation with counsel:

☐ I understand the nature and elements of each plea charge and the verified sentencing range.

☐ I understand the trial rights and presumption of innocence that the court will address and that the plea waives a trial on the plea charge(s).

☐ I have reviewed discovery, defenses, suppression issues, sentencing exposure, and direct and collateral consequences with counsel.

☐ I understand that immigration consequences require individualized advice and that the court will give the required advisement.

☐ I am entering the plea voluntarily, without force, threats, or undisclosed promises.

☐ I understand the complete agreement, including every obligation I will incur.

☐ I understand that the judge must decide whether to accept the plea or agreement under the governing rule.

☐ Any appeal or post-conviction waiver is separately written in Attachment B and has been specifically explained; none is implied by this form.

5. PERFORMANCE, NONCOMPLIANCE, AND EVIDENCE

Disclose the complete agreement when the plea is tendered. Failure by the prosecutor to comply with the agreement is a ground for withdrawal under Rule 11(f)(2).

An alleged failure to perform does not itself authorize unilateral sentencing, reinstatement, use of statements, or vacation of a plea. A party seeking a consequence must request a court ruling under current law and the express on-record terms.

Rule 11(f)(4) governs inadmissibility of withdrawn pleas, offers, and related statements, with its stated perjury-or-false-statement exception. Do not replace that rule with a blanket breach clause.

6. COURT ACCEPTANCE PROCESS

The court must personally address the defendant, determine understanding and voluntariness, give the alien-status advisement required by HRS § 802E-2, and establish a factual basis before judgment on a guilty plea.

7. SIGNATURES

By signing, the parties confirm that this writing accurately states the negotiated terms subject to the governing rules and court action.

Defendant: [________________________________] Date: [__/__/____]

Defense counsel: [________________________________] Date: [__/__/____]

Prosecutor: [________________________________] Date: [__/__/____]

Court use only

☐ Plea accepted ☐ Plea rejected ☐ Decision deferred

☐ Agreement accepted as stated ☐ Agreement not accepted as stated

Judge: [________________________________] Date: [__/__/____]

ATTACHMENTS

• Attachment A — Factual Basis and Any Cooperation Terms
• Attachment B — Any Express Conditional-Plea Reservation or Appeal/Post-Conviction Waiver
• Attachment C — Sentencing Worksheet, Restitution Schedule, and Dismissal List
• Attachment D — Required State or Local Plea-Advisory Form

SOURCES AND REFERENCES

• Hawaiʻi Judiciary, Hawaiʻi Rules of Penal Procedure (Release 12/25)
• Hawaiʻi Judiciary, Guilty/No Contest Plea Form (Maui Circuit)

All rule text and in-body procedural claims were verified against the current official sources on 2026-07-27. The required 2025–2026 amendment search disclosed no amendment changing the cited plea framework.