The Hawaii Pretrial Intervention Agreement is a program designed to provide an alternative resolution for certain individuals facing criminal charges in Hawaii. This intervention agreement allows eligible defendants to avoid the traditional court process and potential harsh penalties by adhering to a specified set of conditions. One type of Hawaii Pretrial Intervention Agreement is the "Standard Agreement." This agreement is available for individuals charged with non-violent offenses. Participants must complete an intensive supervision program, which may include regular meetings with a probation officer, drug testing, counseling, and community service. Successful completion of the agreement generally results in the dismissal of charges. Another type is the "Substance Abuse Agreement" aimed at defendants struggling with substance abuse issues. This agreement focuses on providing rehabilitation and treatment instead of incarceration. Participants must complete substance abuse treatment programs, attend support group meetings, and adhere to regular drug testing. Successful completion often leads to reduced sentencing or dismissal of charges. The "Mental Health Agreement" is tailored for individuals with mental health conditions who require specialized care. Participants must adhere to mental health treatment plans, attend therapy sessions, and comply with medication requirements. The goal is the defendant's rehabilitation and integration into society, with charges potentially dismissed upon successful completion. The "Youthful Offender Agreement" is specifically designed for young offenders aged 18 to 25. This agreement provides them an opportunity to avoid a permanent criminal record by completing various requirements including community service, counseling, education programs, and restitution. Successful completion of this agreement allows for the sealing or expungement of their criminal record. The Hawaii Pretrial Intervention Agreement aims to offer individuals a chance at rehabilitation and reintroduction into society. By participating in these programs, defendants have an opportunity to avoid the negative consequences of conviction, including potential jail time, fines, and a permanent criminal record.
Hawaii Pretrial Intervention Agreement
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Any party may file a written response in opposition to a motion within 5 days after service of the motion, but the appellate court may extend or shorten the time for responding to any motion as provided in Rule 26(b) and (d)of these Rules.
The defendant shall be present at the arraignment, at the time of the plea, at evidentiary pretrial hearings, at every stage of the trial including the impaneling of the jury and the return of the verdict, and at the imposition of sentence, except as otherwise provided by this Rule.
Rule 40 - Motion for Reconsideration (a) Time. A motion for reconsideration may be filed by a party only within 10 days after the filing of the opinion, dispositional order, or ruling unless by special leave additional time is granted during such period by a judge or justice of the appellate court involved.
Rule 16.1 - Expedited or Non-Expedited Track Assignment Based on Case Characteristics; Discovery Limitations; Trial Setting (a)Assignment of case to expedited track.
Rule 48 - Dismissal (a) By prosecutor. The prosecutor may by leave of court file a dismissal of a charge and the prosecution shall thereupon terminate. Such a dismissal may not be filed during the trial without the consent of the defendant.
A motion in limine is a procedural device . . . intended to afford the trial courts and the parties the opportunity to resolve, prior to trial, matters that would otherwise obstruct the smooth and orderly progress of the trial[.] Barcai v. Betwee, 98 Haw.
Unless the court otherwise directs and subject to the provisions of Rule 54 of these rules and Rule 23 of the Rules of the Circuit Courts, the prevailing party shall prepare and submit a proposed judgment.
Rule 35 - Correction or Reduction of Sentence (a) Correction of Illegal Sentence. The court may correct an illegal sentence at any time and may correct a sentence imposed in an illegal manner within the time provided herein for the reduction of sentence.