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Anyone have plea in abstentia forms for original cases where the defendant is incarcerated elsewhere? Been doing revocations that way for years, and now that we can do original cases I'd like to respond to the "I just want to plead guilty" letters from the pen. I've been referring those letters to the indigent defense coordinator so inquiry can be made regarding waiver of counsel, which I suppose is still a necessary first step.
 
Posts: 48 | Location: Hill County | Registered: February 12, 2004Reply With QuoteReport This Post
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Good luck. In rewriting The Perfect Plea, I added citations to the relatively new laws that seem to permit such pleas in absentia. I must say they did not make me all that comfortable, given the layers of waivers that must take place, especially the waiver of presence. Especially for felony cases, it sure seemed more difficult than just bringing the defendant back to court.
 
Posts: 7860 | Location: Georgetown, Texas | Registered: January 25, 2001Reply With QuoteReport This Post
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quote:
Originally posted by Mark Pratt:
I've been referring those letters to the indigent defense coordinator so inquiry can be made regarding waiver of counsel, which I suppose is still a necessary first step.

Absolutely. In fact, an attorney should probably be appointed in every one of these cases, at least for jury waiver purposes. CCP Art. 1.13(c).

Karla Baugh in the Grayson Co. CDA's office is working on some forms for this process; I will send you her email address.
 
Posts: 2406 | Location: TDCAA | Registered: March 08, 2002Reply With QuoteReport This Post
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Note too that Article 27.19 does not reference Article 1.15's requirement of a written waiver of a jury trial. There was another bill that would have addressed that but it died on the house calendar.
 
Posts: 2131 | Location: McKinney, Texas, USA | Registered: February 15, 2001Reply With QuoteReport This Post
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Does article 27.19/42.12 apply to a person confined in an out-of-state prison, namely Georgia? I have a defense attorney inquiring as to a plea. If so, can I get a copy of the necessary forms.
 
Posts: 96 | Registered: May 19, 2003Reply With QuoteReport This Post
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