(1) When the disposition of a defendant involves more than one crime:

criminal case

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Terms Used In Hawaii Revised Statutes 706-629

  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
(a) The court shall not impose a sentence of probation and a sentence of imprisonment except as authorized by section 706-624(2)(a); and
(b) Multiple periods of probation shall run concurrently from the date of the first such disposition.
(2) When a defendant, already under sentence, is convicted for another crime committed prior to the former disposition:

(a) The court shall not sentence to probation a defendant who is under sentence of imprisonment with more than six months to run;
(b) Multiple periods of probation shall run concurrently from the date of the first such disposition; and
(c) When a defendant, already under sentence of probation, is sentenced to imprisonment, the service of imprisonment shall not toll the prior sentence of probation.
(3) When a defendant is convicted of a crime committed while on probation and such probation is not revoked:

(a) If the defendant is sentenced to imprisonment, the service of such sentence shall not toll the prior sentence of probation; and
(b) If the defendant is sentenced to probation, the period of such probation shall run concurrently with or consecutively to the remainder of the prior period, as the court determines at the time of disposition.
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