although the defendant is capable of attending the scheduled hearing.
2006-12-19 12:06:58 · 15 answers · asked by Do not delete. 1 in Politics & Government ➔ Law Enforcement & Police
Are you talking about arraignment? At arraignment, in the state where I practice, the defendant's appearance can be waived.
Upon entering a plea agreement (plea bargain), I would never do this without the defendant being present and put on the record. There is the potential for too much liability on the attorney if the defendant doesn't like the deal after it is made.
EDIT: NO! If the defendant is "mentally incapable" of entering his or her plea, then the plea should NEVER be entered (with the possible exception of a Not Guilty by Reason of Insanity).
2006-12-19 12:11:10 · answer #1 · answered by ? 7 · 2⤊ 0⤋
Most courts allow a defendant to file a "Consent to Proceed" without being present in court. It is usually just for hearing postponement, or where there are no issues adjudicated, however a broad blanket Consent to Proceed may include the plea. Not wise generally, unless plea is well discussed with attorney before hand, BUT may save your *** if you don't or can't show up!
2006-12-20 01:39:24 · answer #2 · answered by alaskasourdoughman 3 · 0⤊ 0⤋
Yes, depending on the severity of the crime, it is not always necessary for the defendant to appear at the arraignment and the attorney can enter a plea on your behalf
2006-12-19 20:10:00 · answer #3 · answered by Anonymous · 2⤊ 0⤋
Yes - if the client has filled out the appropriate paperwork in advance. It's not often done, but it is possible.
And to the know it all paralegal - spend 4 years in college, a year in Grad school and 3 in Law School - pass three Bar exams and you can CONSIDER trying to help someone. Of course, we always add the caveat that this is not legal advice. Did you just finish your 10 week course or something? You sound a little big for your britches.
2006-12-19 22:02:38 · answer #4 · answered by 34th B.G. - USAAF 7 · 0⤊ 0⤋
Unless there is good reason, the defendent must be present at his hearing. Yes, his lawyer can enter a plea in his behalf.
2006-12-19 20:32:45 · answer #5 · answered by WC 7 · 1⤊ 0⤋
If the defendant is deemed mentally incapable of entering a plea on her or his own..an attorney may do so for them. If the defendant is not deemed as such..The counsel in question would have to adhere to the wishes of said defendant.
2006-12-19 20:18:16 · answer #6 · answered by 35 YEARS OF INTUITION 4 · 2⤊ 1⤋
Yes, the attorney can enter the plea, as to they represent the accused, but why wouldn't that person want to enter it themselves?
2006-12-19 20:21:16 · answer #7 · answered by sftbllr4lf 3 · 1⤊ 0⤋
the defendant has to be there. The attorney can enter the plea or they defendant can, it doesn't matter who does.
2006-12-19 20:08:59 · answer #8 · answered by Caitlin 5 · 0⤊ 2⤋
will depend on the court.. Normally the defendant is required to be at the hearing, If they are not present a bench warrant would be issued.
2006-12-19 21:38:24 · answer #9 · answered by Anonymous · 1⤊ 0⤋
attorneys enter pleas for their clients all the time
2006-12-19 20:09:37 · answer #10 · answered by cott 2 · 1⤊ 0⤋