Montana § 46-12-212 - Determining Accuracy Of Plea
Full text of Montana Montana Code Annotated § 46-12-212 — Determining Accuracy Of Plea, with citation guidance and answers to common questions.
§ 46-12-212. Determining Accuracy Of Plea
Determining accuracy of plea. (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. (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.
Source: official Montana text · Last verified 2026-08-27
Frequently Asked Questions About Montana § 46-12-212
What does Montana Code Annotated § 46-12-212 cover?
Section 46-12-212 ("Determining Accuracy Of Plea") is part of the Montana Code Annotated, the codified statutory law of Montana. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Montana § 46-12-212?
A common citation format is "Montana Code Annotated § 46-12-212" (Montana). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Montana law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Montana official source linked on this page or consult a licensed Montana attorney.
How does Montana § 46-12-212 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Montana can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Montana.