Utah Administrative Code (Current through November 1, 2019) |
R671. Pardons (Board of), Administration |
R671-514. Waiver and Pleas of Guilt |
R671-514-5. Withdrawal of Pleas
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(1) A plea of guilty or no contest may be withdrawn by an offender prior to the entry of the Board's revocation order and disposition based upon the plea.
(2) A plea of guilty or no contest may be withdrawn only upon leave of the Board and a showing that the plea was not knowingly and voluntarily made.
(3) A request to withdraw a plea of guilty or no contest shall:
(a) be made in writing;
(b) clearly state that it is a motion or request to withdraw a parole revocation plea;
(c) be addressed to the Board Chair;
(d) clearly state the reasons supporting the withdrawal; and
(e) be delivered to the Board within 10 days of the guilty or no contest plea.
(4) The Board need not hold a hearing prior to ruling on the request to withdraw a plea.
(5) The Board shall rule on the request to withdraw a plea of guilty or no contest within thirty days of receipt, and shall promptly notify the offender of its decision.