46-12-212. Determining accuracy of plea.
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/mt/title-46/chapter-12/part-2/46-12-212·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
46-12-212 . Determining accuracy of plea.
(1)The court may not accept a guilty plea without determining that there is a factual basis for the plea in charges of felonies or misdemeanors resulting in incarceration.
(2)A defendant who is unwilling to admit to any element of the offense that would provide a factual basis for a plea of guilty may, with the consent of the court, enter a plea of guilty or may, with the consent of the court and the prosecutor, enter a plea of nolo contendere to the offense if the defendant considers the plea to be in the defendant's best interest and the court determines that there is a factual basis for the plea.