Washington § 38.38.404 - [Art. 45] Pleas of the accused.

Full text of Washington Revised Code of Washington § 38.38.404 — [Art. 45] Pleas of the accused., with citation guidance and answers to common questions.

§ 38.38.404. [Art. 45] Pleas of the accused.

(1) If an accused arraigned before a court-martial makes an irregular pleading, or after a plea of guilty sets up matter inconsistent with the plea, or if it appears that the accused has entered the plea of guilty improvidently or through lack of understanding of its meaning and effect, or if the accused fails or refuses to plead, a plea of not guilty shall be entered in the record, and the court shall proceed as though the accused had pleaded not guilty.
(2) With respect to any other charge or specification to which a plea of guilty has been made by the accused and accepted by the military judge or by a court-martial without a military judge, a finding of guilty of the charge or specification may be entered immediately without vote. This finding shall constitute the finding of the court unless the plea of guilty is withdrawn prior to announcement of the sentence, in which event the proceedings shall continue as though the accused had pleaded not guilty.
[ 1991 c 43 s 7; 1989 c 48 s 44; 1963 c 220 s 47.]

Source: official Washington text · Last verified 2026-08-27

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Frequently Asked Questions About Washington § 38.38.404

What does Revised Code of Washington § 38.38.404 cover?

Section 38.38.404 ("[Art. 45] Pleas of the accused.") is part of the Revised Code of Washington, the codified statutory law of Washington. 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 Washington § 38.38.404?

A common citation format is "Revised Code of Washington § 38.38.404" (Washington). 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 Washington law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Washington official source linked on this page or consult a licensed Washington attorney.

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Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Washington can advise on how this section applies to you. Contact your state or local bar association for a referral.

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