Which of the following is NOT a permissible way for a defendant to make an appearance to enter a plea?

Which of the following is NOT a permissible way for a defendant to make an appearance to enter a plea?

• A. In person in open court
• B. By attorney in open court
• C. By mail
• D. By telephone call to the court

Answer: (D)

Entering a plea requires seeing and hearing the defendant in a formal setting so the court can properly advise rights, confirm identity, and record the plea on the record. The permissible ways to do this are: the defendant can appear in person in open court; or the defendant can be represented by an attorney who appears in open court on the defendant’s behalf; or the defendant can submit a written plea by mail that the court accepts and records. A telephone call to the court does not meet the necessary appearance requirements for entering a plea because it lacks the face-to-face or written-record element essential for a valid plea on the court’s record. While telephonic appearances may occur for other proceedings in some contexts, they are not recognized as a valid method to enter a plea in most municipal court settings.

Entering a plea requires seeing and hearing the defendant in a formal setting so the court can properly advise rights, confirm identity, and record the plea on the record. The permissible ways to do this are: the defendant can appear in person in open court; or the defendant can be represented by an attorney who appears in open court on the defendant’s behalf; or the defendant can submit a written plea by mail that the court accepts and records. A telephone call to the court does not meet the necessary appearance requirements for entering a plea because it lacks the face-to-face or written-record element essential for a valid plea on the court’s record. While telephonic appearances may occur for other proceedings in some contexts, they are not recognized as a valid method to enter a plea in most municipal court settings.