Hello all, question:

I have a defendant who is incarcerated in the Federal Prison system. He has sent us a letter on the prison form asking to enter a plea of guilty to time served on a misdemeanor case in our courts. The form has the acknowledgment of waiver of rights, etc.

1. Is that form sufficient to create a guilty plea?

2. Can we enter a judgment and sentence in abstentia?

Article 27.14 allows counsel to enter a guilty plea to a misdemeanor.

Article 42.14 allows rendition of judgment and sentence in a misdemeanor in the absence of the defendant.

We have alot of folks try to do this in felonies, and I always try to squelch it.

What approach do you take for an unrepresented defendant who is charged with a misdemenanor who wants to plead "by mail" and send in his fine and court costs since he resides out of state?

I think 27.14(b) specifically authorizes pleas by mail for Class C stuff. Those procedures are outside my experience. Seems pretty dicey to do that with anything carrying jail time as a possibility.

I've mostly worried about people trying to do stuff like this with felonies where the defendant is locked up somewhere else. I just know that the same folks begging to get it done will be the ones howling if we ever try to use of the convictions down the road. Still, it happens--its a big office.

Our office will only do class C's and misdemeanor MTR's in abstentia. MTR's are specifically authorized somewhere in the code. I have a form we use if anyone needs it.

Maybe this should have been posted under the "Corroboration, Cowobboration" thread. I have absentia paperwork should someone need it.