January 22, 2007, 12:07
Jones CAPleading In Absentia?
in reading CCP art. 42.14 it seems I can plead a guy to a misdemeanor in the absence of the defendant. I have a guy in TDCJ that wants to do this and my sheriff would rather not go get him. Has anyone done this? How do I change my standard plea papers? It's not addressed in the "Perfect Plea" book. Guess this type is less than perfect! Help.
January 22, 2007, 12:14
JDLAs stated by Gretchen in an earlier post on this subject:
Is this for a class C or a misdemeanor revocation? Anything else requires the physical presence of the defendant; if they're in custody out of state, you might find out how long they'll be serving and whether it's even worth your while to proceed.
January 22, 2007, 13:41
Jones CAGot it. See 487 S.W.2d 750, *; 1972 Tex. Crim. App. LEXIS 2536, Dwayne Rhea Millman v. The State of Texas.
Sorry to waste this space. You can delete webmaster.
Chad