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 cannot 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;
or
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.
Answer
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.
