{"data":{"id":"us-mt/46-12-212","jurisdiction":"us-mt","citation":"46-12-212","heading":"Determining accuracy of plea.","body":"(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.\n(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.","path":["TITLE 46. CRIMINAL PROCEDURE","CHAPTER 12. ARRAIGNMENT OF DEFENDANT","Part 2. Procedure on Arraignment"],"source_url":"https://mca.legmt.gov/bills/mca/title_0460/chapter_0120/part_0020/section_0120/0460-0120-0020-0120.html","current_through":"Montana Code Annotated 2025","vintage":"","retrieved_at":"2026-09-14T04:55:45Z","sha256":"d981d81fa20b19b0c6bf6798733c585f9f61373779beb741795081f33c93223d","source_id":"us-mt","stale":false,"prev":"us-mt/46-12-211","next":"us-mt/46-12-213"},"notice":"GroundRules: Original legal text. Not legal advice."}