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RCr 8.10 Withdrawal of plea

Baldwin's Kentucky Revised Statutes AnnotatedRules of Criminal Procedure

Baldwin's Kentucky Revised Statutes Annotated
Rules of Criminal Procedure (Refs & Annos)
VIII Arraignment, Pleadings, and Motions (Refs & Annos)
Kentucky Rules of Criminal Procedure (RCr) Rule 8.10
RCr 8.10 Withdrawal of plea
At any time before judgment the court may permit the plea of guilty or guilty but mentally ill, to be withdrawn and a plea of not guilty substituted.
If the court rejects the plea agreement, the court shall, on the record, inform the parties of this fact, advise the defendant personally in open court or, on a showing of good cause, in camera, that the court is not bound by the plea agreement, afford the defendant the opportunity to then withdraw the plea, and advise the defendant that if the defendant persists in that guilty plea the disposition of the case may be less favorable to the defendant than that contemplated by the plea agreement.
The court can defer accepting or rejecting the plea agreement until there has been an opportunity to consider the presentence report.

Credits

HISTORY: Amended by Order 98-3, eff. 3-1-99; prior amendments eff. 8-28-89 (Order 89-1), 1-1-85; adopted eff. 1-1-63
Rules Crim. Proc., Rule 8.10, KY ST RCRP Rule 8.10
Current with amendments received through January 1, 2024. Some sections may be more current, see credits for details.
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