Rule 11 . PLEAS.
(a) Alternatives.
(1) In General. A defendant may plead not guilty, guilty or nolo
contendere. If a defendant refuses to plead or if the
court refuses to accept a plea of guilty or nolo contendere
or if a defendant corporation fails to appear, the
court shall enter a plea of not guilty.
(2) Conditional Pleas. With the approval of the court and the consent
of the State, a defendant may enter a conditional plea of
guilty or nolo contendere, reserving in writing the right,
on appeal from the judgment, to seek review of the adverse determination
of any specified pretrial motion. A defendant who prevails
on appeal shall be allowed to withdraw the plea.
(b) Nolo Contendere. A defendant may plead nolo contendere
only with the consent of the court. [You need permission
of the Judge to not contest the charges.] Such a plea shall be accepted
by the court only after due consideration of the views of the parties
and the interest of the public in the effective administration of
justice.
(c) Advice to Defendant. The court shall not accept a plea
of guilty or nolo contendere without first addressing
the defendant personally in open court and determining that he understands
the following: [Iam a third party intervener on behalf of the Defendant.
Iam here as a Witness by Special Appearance for the cause of stopping
and correcting wrongs pursuant to F.R.C.P. of tresspass on the Security
Agreement contract: SA042574GMS duly filed with the State of Hawaii
pursuant to Uniform Commercial Code. Iam ready and willing to settle
this business matter with the court. The Defendant cannot understand
the charges because it is not a living, sentient flesh and blood man.
The defendant falls into the categories of the statutory-terms: PERSON,
or CORPORATION as a legal fiction, a creature of private copyright
law with no life, intellect or will. Therefore the only plea that
could be enterred freely without permission of this court would be
not-guilty. As the authorized-agent for the defendent Iam willing
to accept for value all of the charges, as well as any assessments
and fees for discharge by the Secured Party. The defendant's contractual
obligtions of the Security Agreement: SA03251974GMS filed with the
State of Hawaii pursuant to the Uniform Commercial Code prevent the
Secure Party from acting as a surety for any penalties levied against
the Defendant. Acting in good faith, Iam stopping and correcting all
the wrongs committed by the Defendant to the best of my knowledge
and ability. Since this is the Defendant's first offence, Iam praying
for the mercy of this court and its honorable Judge. If it pleases
the court, the Secured Party is willing to enter a plea for the Defendant
corporation of either Guilty or Nolo contendere.]
(1) the nature of the charge to which the plea is offered; and
(2) the maximum penalty provided by law and the maximum sentence of
extended term of imprisonment, which may be imposed for the offense
to which the plea is offered; and
(3) that he has the right to plead not guilty [you have no right to
plead anything else], or to persist in that plea if it has already
been made; and
(4) that if he pleads guilty or nolo contendere there will not be
a further trial of any kind, so that by pleading guilty or nolo contendere
he waives the right to a trial; and
(5) that if he is not a citizen of the United States, a conviction
of the offense for which he has been charged may have the consequences
of deportation, exclusion from admission to the United States,
or denial of naturalization pursuant to the laws of the United States.
(d) Insuring that the Plea is Voluntary. The court
shall not accept a plea of guilty or nolo contendere without first
addressing the defendant personally in open court and determining
that the plea is voluntary and not the result of force or threats
or of promises apart from a plea agreement. The court shall also inquire
as to whether the defendant's willingness to plead guilty or nolo
contendere results from any plea agreement. [The Defendant
has no capacity of Volition. As the Secured Party...]
(e) Plea Agreement.
(1) In General. The prosecutor and counsel for the defendant, or the
defendant when acting pro se, may enter into plea agreements
that, upon the entering of a plea of guilty or nolo contendere
to a charged offense or to an included or related offense,
the prosecutor will take certain actions or adopt certain positions,
including the dismissal of other charges and the
recommending or not opposing of specific sentences or dispositions
on the charge to which a plea was entered. The court
may participate in discussions leading to such plea agreements and
may agree to be bound thereby.
(2) Notice of Plea Agreement. Any plea agreement shall be
disclosed by the parties to the court at the time the defendant tenders
his plea. Failure by the prosecutor to comply with such agreement
shall be grounds for withdrawal of the plea.
(3) Warning to Defendant. Upon disclosure [by whom, to whom?]
of any plea agreement, the court shall not accept the tendered plea
unless the defendant is informed that the court is not bound by such
agreement, unless the court agreed otherwise. [Get
the Judge to agree in writing that the plea bargain agreement is public
information. Find out who in the court is a member of any secret societies.
For the structure of these words is with the complexity against the
FRCP for the simple-statement: e.g. negative, past, future, double-meaning,
modification of the facts, etc.]
(4) Inadmissibility of Plea Discussions. Except as otherwise provided
in this paragraph, evidence of a plea of guilty, later withdrawn,
or of a plea of nolo contendere, or of an offer to plead
guilty or nolo contendere to the offense charged or any other offense,
or of statements made in connection with, and relevant to, any of
the foregoing pleas or offers, is not admissible in any civil or penal
proceeding against the person who made the plea or offer. [Private
meeting.] However, evidence of a statement made in connection with,
and relevant to, a plea of guilty, later withdrawn, a plea of nolo
contendere, or an offer to plead guilty or nolo contendere
to the offense charged or any other offense is admissible
in a penal proceeding for perjury or false statement if the statement
was made by the defendant under oath, on the record, and in the presence
of counsel. [All 3 conditions must be met?]
(f) Determining Accuracy of Plea. Notwithstanding the acceptance of
a plea of guilty, the court shall not enter a judgment upon such plea
without making such inquiry as shall satisfy it that there is a factual
basis for the plea.
Rule 12 . PLEADINGS AND MOTIONS
BEFORE TRIAL; DEFENSES AND OBJECTIONS.
(a) Pleadings and Motions. Pleadings in penal proceedings shall be
the charge, and the pleas of not guilty, guilty and nolo contendere
. All other pleas, and demurrers and motions to quash are
abolished, and defenses and objections raised before trial
heretofore could have been raised by one or more of them shall be
raised only by motion to dismiss or to grant appropriate relief,
as provided in these rules.
(b) Pretrial Motions. Any defense, objection, or request which is
capable of determination without the trial of the general issue may
be raised before trial by motion. Motions may be written or
oral at the discretion of the judge. The following must be
raised prior to trial:
(1) defenses and objections based on defects in the institution
of the prosecution;
(2) defenses and objections based on defects in the charge
(other than that it fails to show jurisdiction in the court
or to charge an offense which objections shall be noticed
by the court at any time during the pendency of the proceedings);
(3) motions to suppress evidence or for return of property;
(4) requests for discovery under Rule 1.6;
(5) requests for consolidation or severance of charges or
defendants under Rules 13 and 14;
(6) motions to dismiss under Rule 8(c) for failure
to join related offenses; and
(7) motions to transfer under Rule 21.
(c) Motion Date. Pretrial motions and requests must be made
within 21 days after arraignment unless the court otherwise
directs.
(d) Notice by the Prosecution of the Intention to Use Evidence.
(1) At the Discretion of the Prosecution. At the arraignment or as
soon thereafter as is practicable, the prosecution may give notice
to the defendant of its intention to use specified evidence at trial
in order to afford the defendant an opportunity to raise objections
to such evidence prior to trial under subsection (b)(3) of
this rule.
(2) At the Request of the Defendant. At the arraignment or as soon
thereafter as is practicable the defendant may, in order to afford
an opportunity to move to suppress evidence under subdivision
(b)(3) of this rule, request notice of the prosecution's
intention to use (in its evidence in chief at trial) any evidence
which the defendant may be entitled to discover under Rule 16
subject to any relevant limitations prescribed in Rule 16.
(e) Ruling on Motion. A motion made before trial shall be determined
before trial unless the court orders that it be deferred for determination
at the trial of the general issue or until after verdict; provided
that a motion to suppress made before trial shall be determined
before trial. Where factual issues are involved in determining
a motion, the court shall state its essential findings on the record.
(f) Effect of Failure to Raise Defenses or Objections. Failure by
a party to raise defenses or objections or to make requests which
must be made prior to trial, within the time set by the court pursuant
to section (c), or within any extension thereof made by the court,
shall constitute waiver thereof, but the court for cause shown
may grant relief from the waiver.
(g) Effect of Determination. If the court grants a motion
based on a defect in the institution of the prosecution or in the
charge, it may also order that the defendant be held in custody or
that his bail be continued for a specified time pending the filing
of a new charge. Nothing in this rule shall be deemed to
affect provisions of any statute relating to periods of limitations.