Utah Admin. Code R671-514-5 - Withdrawal of Admissions
(1) An
admission or plea of no contest may only be withdrawn by an offender;
(a) before the entry of the Board's
revocation order and disposition based upon the plea; and
(b) upon leave of the Board after a showing
by the offender that the plea was not knowingly and voluntarily
entered.
(2) A request to
withdraw an admission or plea of 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 received by the Board before entry of
the disposition.
(4) The
Board need not hold a hearing before ruling on the request to withdraw a
plea.
(5) The Board may rule on a
motion or a request to withdraw an admission or plea of no contest within 30
days of receipt and shall promptly notify the offender of its
decision.
Notes
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