Hawaii Revised Statutes 802E-3 – Failure to advise; vacation of judgment
Terms Used In Hawaii Revised Statutes 802E-3
- Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
- Conviction: A judgement of guilt against a criminal defendant.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
If the court fails to advise the defendant as required by sections trial, entry of a plea of guilty or nolo contendere, or admission of guilt or sufficient facts” class=”unlinked-ref” datatype=”S” sessionyear=”2022″ statecd=”HI”>802E-2 and arraignment and plea hearing” class=”unlinked-ref” datatype=”S” sessionyear=”2022″ statecd=”HI”>802E-4 and the defendant shows that conviction of the offense to which the defendant pleaded guilty or nolo contendere may have the consequences for the defendant of deportation, exclusion from admission to the United States, or denial of naturalization pursuant to the laws of the United States, on defendant’s motion, the court shall vacate the judgment and permit the defendant to withdraw the plea of guilty or nolo contendere, and enter a plea of not guilty. Absent a record that the court provided the advisement required by this section, the defendant shall be presumed not to have received the required advisement.