I am out of USA and in Chinese Citizen , I am going through Class-C misdemeanor Trial and I have to accept the Deferred Adjudication. The Prosecutor is giving me options with nolo contender or plead guilty, but deferred with nolo contender or plead guilty is a conviction for immigration purposes.
I have zero crime history and very good moral character.
Q1) Can I ask for plea of non-guilty to prosecutor (or Judge or DA) via registered mail (FAX) by putting my facts as per below law books after Q2.
Q2) If I can not do it from China, I will hire one criminal attorney, Will He/she can do below things or any alternative to prove my non-guilty , Which i am.
Art. 45.023. DEFENDANT'S PLEA. (a) After the jury is impaneled, or after the defendant has waived trial by jury, the defendant may:
(1) plead guilty or not guilty;
Article 27.16(b), C.C.P., allows a defendant charged with a
misdemeanor for which the maximum possible punishment is
by fine only, in lieu of entering a plea in open court, to mail to the
court a plea of not guilty.
You need to hire a criminal defense attorney soon to explain the procedure to you as well as immigration consequences. Yes, you will be able to enter your plea of not guilty by mail or fax. You may choose whether you wish to have a trial by judge or jury. You will need to be present for your trial.
You can NOT have him plead NOT GUILTY for you. If you want to plead not guilty, you do that at the trial, which requires you to be there.
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For a class c misdemeanor, you can retain an attorney who can appear in court on your behalf and negotiate a plea bargain without your appearance. If you want to plead not guilty and have a trial, you must personally in court, whether you retain an attorney or not. Contact an attorney in the county where the case is pending.
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