Hawaii Revised Statutes 806. Criminal Procedure: Circuit Courts
CONSTRUCTION OF CHAPTER
- 806-1 Definitions.
In this chapter: "act" or "doing of an act" includes "omission to act"; "the court" unless a contrary intention appears means the court before...
- 806-2 Inapplicable to District Courts.
Notwithstanding any provision of this chapter that the same applies to courts of record, such provision shall not, without more, apply to district courts....
INDICTMENT AND INFORMATION, GENERALLY
- 806-6 Use Of; Furnishing of Copy.
In all cases of offenses against the laws of the State brought in the first instance in a court of record, the accused shall...
- 806-7 Preparation of Indictment, Complaint, or Information; True Bill by Grand Jury.
Informations, complaints, and indictments shall be duly prepared by a legal prosecuting officer. Every indictment shall be duly found by a grand jury before...
- 806-8 Prosecution Where Indictment Not Essential.
In criminal cases brought in the first instance in a court of record, but in which the accused may be held to answer without...
- 806-9 Information, Laws Applicable.
All provisions of law applying to prosecutions upon indictments, to writs and process therein, and the issuing and service thereof, to motions, pleadings, trials,...
- 806-10 Form.
The indictment may be substantially in the following form: In the Circuit Court of the ............... Judicial Circuit, State of Hawaii ..............., Term 20........
- 806-11 Disposal of Firearms.
(a) At the time of arraignment, the court shall order a defendant who is under indictment for, or who has waived indictment for, or...
VENUE
JOINDER OF OFFENSES AND OF DEFENDANTS
- 806-21 Joinder of Defendants; Accessories, Receivers.
Joinder of offenses and defendants, see HRPP rule 8. §806-21 Joinder of defendants; accessories, receivers. Any number of accessories at different times to any...
- 806-22 Joinder of Charges Against Defendant.
Joinder of offenses and defendants, see HRPP rule 8. §806-22 Joinder of charges against defendant. When there are several charges against any person for...
- 806-23 Misjoinder.
Joinder of offenses and defendants, see HRPP rule 8. §806-23 Misjoinder. No indictment shall be quashed, set aside, or dismissed, nor shall any demurrer...
INDICTMENT AND INFORMATION,
AVERMENTS, DEFECTS
- 806-26 Meaning of Words and Phrases.
The words and phrases used in an indictment shall be construed according to their usual acceptation, except words and phrases which have been defined...
- 806-27 Indictment; Defects and Omissions.
No indictment shall be held invalid or insufficient for want of the averment of any matter unnecessary to be proved; for any defect or...
- 806-28 Characterization of the Act.
The indictment need not allege that the offense was committed or the act done "feloniously", "unlawfully", "wilfully", "knowingly", "maliciously", "with force and arms", or...
- 806-29 Exceptions Need Not Be Negatived.
No indictment for any offense created or defined by statute shall be deemed objectionable for the reason that it fails to negative any exception,...
- 806-30 Alternative Allegations.
In an indictment for an offense which is constituted of one or more of several acts or which may be committed by one or...
- 806-31 Indirect Allegations.
No indictment or bill of particulars is invalid or insufficient for the reason merely that it alleges indirectly and by inference instead of directly...
- 806-32 Repugnancy.
No indictment is invalid by reason of any repugnant allegation contained therein, provided that an offense is indicated under section 806-34. [L 1915, c...
- 806-33 Surplusage.
Any unnecessary allegation contained in an indictment may be rejected as surplusage. [L 1915, c 215, pt of §2; RL 1925, §4046; RL 1935,...
- 806-34 Sufficiency of Averments As to Offense and Transaction.
In an indictment the offense may be charged either by name or by reference to the statute defining or making it punishable; and the...
- 806-35 Property Owned by More Than One.
In any indictment wherein it is requisite to state the ownership of any property whatsoever, whether real or personal, which belongs to or is...
- 806-36 Property Owned by Corporation.
All property, real and personal, whereof any body corporate shall by law have the management, control, or custody, shall, for the purpose of any...
- 806-37 Money, Etc., How Described.
In every indictment whatsoever in which it is necessary to make any averment as to any money or valuable security, and in every indictment...
- 806-38 Instrument, How Described.
In any indictment for forging, altering, offering, uttering, disposing of, or for stealing, embezzling, extorting, converting, disposing of, destroying, or concealing, or for obtaining...
- 806-39 Same.
In all other cases whenever it is necessary to make any averment in any indictment as to any instrument, whether the same consists wholly...
- 806-40 Document of Title.
In any indictment for stealing or for any fraudulent purpose, destroying, canceling, obliterating, or concealing the whole or any part of any document of...
- 806-41 Ownership, Not Necessary to Allege When.
In any indictment for any of the following offenses it shall not be necessary to allege that the instrument, document, article, or thing in...
- 806-42 Second Offense.
In any indictment for any offense committed after a previous conviction or convictions for any felony or misdemeanor, it shall be sufficient after charging...
ARRAIGNMENT; PLEADINGS AND MOTIONS
- 806-46 Objections to Indictment.
Every objection to any indictment for any defect apparent on the face thereof, shall be taken by demurrer or motion to quash the indictment...
- 806-47 Bill of Particulars.
If the court is of the opinion that the accused in any criminal case has been actually misled and prejudiced in the accused's defense...
- 806-48 Postponement.
No person prosecuted shall be entitled as of right to traverse or postpone the trial of any indictment preferred against the person, or to...
- 806-49 Arraignment; Plea of Not Guilty.
If any person being arraigned upon any indictment for any offense pleads thereto a plea of "not guilty", the person shall by that plea...
- 806-50 Standing Mute.
If any person being arraigned upon or charged with any offense, stands mute of malice, or will not answer directly to the indictment, the...
- 806-51 Plea of Autrefois Convict or Acquit.
In any plea of autrefois convict or autrefois acquit, it shall be sufficient for the defendant to state that the defendant has been lawfully...
DISMISSAL
- 806-56 Nolle Prosequi.
No nolle prosequi shall be entered in a criminal case in a court of record except by consent of the court upon written motion...
TRIAL; EVIDENCE AND PRESUMPTIONS; DEPOSITIONS
- 806-60 Jury of Twelve Required.
Any defendant charged with a serious crime shall have the right to trial by a jury of twelve members. "Serious crime" means any crime...
- 806-61 Waiver of Jury.
The defendant in any criminal case may, with the consent of the court, waive the right to a trial by jury either by written...
- 806-62 Trial; Order of Proof and Argument.
The prosecuting attorney shall open the case, and first introduce his witnesses and proofs, and after the evidence for the defense has been presented,...
- 806-63 Defense.
All persons tried for any offense shall be admitted after the close of the case for the prosecution to make full answer and defense...
- 806-64 Repealed.
L 1980, c 164, §14.
- 806-65 Depositions, Right to Inspect.
All persons under trial shall be entitled at the time of their trial to inspect without fee or reward all depositions, or copies of...
- 806-66 Repealed.
L 1980, c 164, §15.
SENTENCE; PROBATION
GENERAL PROVISIONS
INFORMATION CHARGING
Last modified: October 27, 2016