Texas Code of Criminal Procedure, Article 45A.154: Motion for New Trial Following Plea Entered While in Custody
Criminal Defense Attorney
This article specifically addresses situations where a defendant in a Class C misdemeanor case (which often includes offenses like Public Intoxication, Minor in Possession of Alcohol, and certain traffic violations) enters a guilty or nolo contendere plea while in custody and not in open court. It recognizes the potential for these pleas to be made under less than ideal circumstances and provides a pathway to seek a new trial.
The key provision states:
(a) A defendant who is confined in jail and who enters a plea of guilty or nolo contendere to a Class C misdemeanor other than a traffic offense at a time when the court is not in session may file a sworn motion for a new trial not later than the 10th day after the date on which the defendant is sentenced.
(b) The court shall grant a motion for new trial filed under Subsection (a) if the motion and the defendant’s sworn statement indicate that the defendant was confined in jail at the time the plea was entered and that the plea was not entered in open court.
(c) If the court grants a motion for new trial under this section, the case shall proceed as if the defendant had entered a plea of not guilty.
Key Implications of Article 45A.154:
- Applies to Class C Misdemeanors (Non-Traffic): This article is specifically limited to Class C misdemeanors that are not traffic offenses.
- Plea Entered While Confined in Jail: The defendant must have been in jail at the time the guilty or nolo contendere plea was entered.
- Plea Not Entered in Open Court: This is a critical element. The statute aims to address situations where pleas are taken outside the formal courtroom setting, potentially lacking the safeguards of a traditional court proceeding. This could include pleas taken by jail staff or magistrates within the jail facility.
- Strict 10-Day Deadline: There is a very short 10-day deadline from the date of sentencing to file the sworn motion for new trial. This timeframe is significantly shorter than the general motion for new trial deadline in other cases.
- Mandatory Granting of the Motion: If the sworn motion and the defendant’s sworn statement clearly indicate that the plea was entered while the defendant was in jail and not in open court, the court shall grant the motion for new trial. This makes it a powerful tool in specific circumstances.
- Case Proceeds as Not Guilty: If the motion is granted, the case essentially restarts with the defendant’s plea being considered “not guilty,” allowing for further legal proceedings, including potential trial or negotiation.
Criminal Defense Lawyer
How Beltz Law Group Can Assist You in Filing a Motion for New Trial Under Article 45A.154:
If you pled guilty or no contest to a non-traffic Class C misdemeanor while confined in jail and that plea was not entered in open court, Beltz Law Group’s experienced attorneys can provide crucial assistance in filing a motion for new trial under Article 45A.154. We understand the specific requirements of this law and can act swiftly to protect your rights. Here’s how we can help:
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Immediate Case Evaluation: We will quickly assess the details of your case, including the charge, the date of your plea and sentencing, and the circumstances surrounding your plea, particularly whether you were in jail and if the plea occurred outside of open court. Time is of the essence due to the strict 10-day deadline.
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Gathering Necessary Information: We will work diligently to gather all relevant information and documentation to support your motion, including:
- Jail Records: To confirm your confinement at the time of the plea.
- Court Records: To verify the nature of the charge, the plea entered, and the sentencing date, as well as to confirm that the plea was not entered in a formal courtroom setting.
- Your Sworn Statement: We will assist you in preparing a detailed and legally sound sworn statement outlining the circumstances of your plea, confirming your confinement and the fact that the plea was not entered in open court. This statement is a critical component of the motion.
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Preparing and Filing the Sworn Motion: Our experienced legal team will meticulously prepare a legally sound and persuasive sworn motion for new trial that adheres to all the requirements of Article 45A.154. We will ensure all necessary information and your sworn statement are accurately presented and filed with the court within the 10-day deadline.
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Advocating for the Granting of Your Motion: We will present your motion to the court, clearly articulating the legal basis for granting a new trial under Article 45A.154. Given the mandatory language of the statute (“the court shall grant”), our focus will be on ensuring the court acknowledges that the specific conditions of the law have been met.
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Representing You in Subsequent Proceedings: Once the motion for new trial is granted, we will continue to represent you in your case. We will advise you on your legal options, which may include preparing for trial, negotiating a plea agreement under more favorable circumstances, or exploring other potential resolutions. Our goal will be to protect your rights and achieve the best possible outcome in your case.
The 10-day deadline to file a motion for new trial under Article 45A.154 is extremely short and unforgiving. If you believe you entered a guilty plea to a non-traffic Class C misdemeanor while in jail and not in open court, it is crucial to contact Beltz Law Group immediately. Our experienced attorneys are ready to act quickly and effectively to help you pursue this legal avenue to potentially reverse your plea and protect your future. Don’t delay – your rights and your record may depend on it.
