TDCAA Community
misd. plea in absentia

This topic can be found at:
http://tdcaa.infopop.net/eve/forums/a/tpc/f/157098965/m/5457023516

February 11, 2016, 14:17
Craig Caldwell
misd. plea in absentia
Does anyone take these on a misd.?
February 12, 2016, 07:05
Lisa Peterson
I'm always being told by counsel that I can....but when I ask for the CCP reference, they get really quiet...MTR, MTP, no problem. Initial plea?


Lisa L. Peterson
Nolan County Attorney
February 12, 2016, 09:55
JohnR
27.14(b),(c) (applies to Class C misdemeanors)

27.18 (video pleas, I have heard in past that most Texas inmate are within 1 hour of suitable equipement at TDCJ that would allow them to plea by video, although I have never verified this with TDCJ)

27.19 (inmate in absentia pleas)

That said, I have never liked this practice. Even if you have the proper written waivers (waiver of JT must be in writing!), I don't like the fact that you wont have contemporaneous fingerprints on your judgment. How will you prove this up in future? If it is worth prosecuting the case at all, it is worth the hassle of bringing your inmate back to plead him guilt live with the judge and defense attorney.
February 12, 2016, 11:06
Lisa Peterson
27.18 works well if you have the closed circuit capability. For those of us who don't....still no real answer.


Lisa L. Peterson
Nolan County Attorney
February 12, 2016, 11:37
Jon English
CCP 27.14 (a) says in a misdemeanor case a plea may be made by either the defendant or his counsel in open court. That's always what I've seen quoted when a defense attorney wants to plea even though his client isn't there.