§853-3 Violation of terms and conditions during deferment; result. Upon violation of a term or condition set by the court for a deferred acceptance of guilty plea or deferred acceptance of nolo contendere plea, the court may enter an adjudication of guilt and proceed as otherwise provided. [L 1976, c 154, pt of §2; am L 1983, c 290, §4]
Case Notes
Because a court's course of action following revocation of a deferred acceptance of guilty plea is expressly set forth in this section, no need or justification arises for resort to any other statute, such as §706-625(5). 93 H. 362, 3 P.3d 1239 (2000).
Section 706-625(5), which permits a trial court on revocation of probation to impose any sentence that might have originally been imposed at the time of conviction, does not apply to the sentencing procedure attendant to revocation of a deferred acceptance of guilty plea, which is already specifically governed by this section. 93 H. 362, 3 P.3d 1239 (2000).
No abuse of discretion where family court concluded that defendant's refusal to take polygraph examination, resulting in defendant's termination from sex offender treatment program, constituted a violation of the terms and conditions of the deferred acceptance of nolo contendere plea order, warranting that it be set aside. 92 H. 289 (App.), 990 P.2d 1171 (1999).
Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal plans you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.
LegalFix provides its members with easy access to affordable legal services through a network of independent law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.
The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our network law firms.
You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your network law firm.
The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.
Use of this website, the purchase of legal plans, and access to the LegalFix networks of law firms are subject to the LegalFix Terms of Service and Privacy Policy.