Terms Used In Hawaii Revised Statutes 853-2

  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • 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.

Upon motion made before sentence by the defendant, the prosecutor, or on its own motion, the court will either proceed in accordance with section plea or nolo contendere plea; discharge and dismissal, expungement of records” class=”unlinked-ref” datatype=”S” sessionyear=”2019″ statecd=”HI”>853-1, or deny the motion and accept the defendant’s plea of guilty or nolo contendere, or allow the defendant to withdraw the defendant’s plea of guilty or nolo contendere only for good cause.