Can a defendant, incarcerated in another county, who sends a letter to the Court where his case is pending in another county asking to plead guilty and for time served, be found guilty and sentenced without ever being present in Court?

In a probation revocation scenario he could, but only if he signed the appropriate paperwork in front of a judge on that end.

I believe a defendant can plead by mail in a misdemeanor case, but in a felony case he has to appear in front of a judge in the county where he is confined.

Take a look at CCP Sections 27.19 and 42.1`4(b). Together they permit someone in a jail or prison outside of the jurisdiction to enter a plea with a bargain without having to personally appear.

I just received a call from a Federal inmate wanting to plea to a DWI 2nd from 2007. I am willing to plea him through the mail but I am not sure what paperwork I should send to him. Anybody ever done this? If so, do you have any documents that you would be willing to share?

I'm always being asked to allow inmates to plead to an original offense (A or B misdemeanor) from jail. I know it can be done on felonies (now), and on Class C's. Would be very interested in seeing the authority and paperwork for a misdemeanor....

Lisa L. Peterson
Nolan County Attorney

I do not think it can be done for a county court misdemeanor since the court needs to admonish the defendant as to waiver of attorney, rights, etc. Additionally, a prosecutor conversing with the defendant is problematical since he has not yet been admonished by the judge and waived his rights to an attorney.

Your right Ken about talking to the Defendant. I just listened to his request, got his info and hung up. I normally don't even take their calls. I just happened to pick up the phone that day.