§853-1 Deferred acceptance of guilty plea or nolo contendere plea; discharge and dismissal, expungement of records. (a) Upon proper motion as provided by this chapter: (1) When a defendant voluntarily pleads guilty or nolo contendere, prior to commencement of trial, to a felony, misdemeanor, or petty misdemeanor; (2) It appears to the court that the […]
§853-2 Plea of guilty or nolo contendere; procedure. Upon motion made before sentence by the defendant, the prosecutor, or on its own motion, the court will either proceed in accordance with section 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 […]
§853-3 Violation of terms and conditions during deferment; result. Upon violation of a term or condition set by the court for a deferred acceptance of guilty plea or deferred acceptance of nolo contendere plea, the court may enter an adjudication of guilt and proceed as otherwise provided. [L 1976, c 154, pt of §2; am […]
§853-4 Chapter not applicable; when. (a) This chapter shall not apply when: (1) The offense charged involves the intentional, knowing, reckless, or negligent killing of another person; (2) [Repeal and reenactment on June 30, 2026. L 2020, c 19, §15.] The offense charged is: (A) A felony that involves the intentional, knowing, or reckless bodily […]