TDCAA    TDCAA Community  Hop To Forum Categories  Criminal    misd. plea in absentia
Go
New
Find
Notify
Tools
Reply
  
misd. plea in absentia Login/Join 
Member
posted
Does anyone take these on a misd.?
 
Posts: 16 | Location: Rusk, Texas, US | Registered: November 15, 2007Reply With QuoteReport This Post
Member
posted Hide Post
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
 
Posts: 736 | Location: Sweetwater TX | Registered: January 30, 2001Reply With QuoteReport This Post
Member
posted Hide Post
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.
 
Posts: 2138 | Location: McKinney, Texas, USA | Registered: February 15, 2001Reply With QuoteReport This Post
Member
posted Hide Post
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
 
Posts: 736 | Location: Sweetwater TX | Registered: January 30, 2001Reply With QuoteReport This Post
Member
posted Hide Post
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.
 
Posts: 200 | Location: San Marcos, Tx | Registered: June 12, 2012Reply With QuoteReport This Post
  Powered by Social Strata  
 

TDCAA    TDCAA Community  Hop To Forum Categories  Criminal    misd. plea in absentia

© TDCAA, 2001. All Rights Reserved.