Texas Code of Criminal Procedure 45A.151 – Defendant’s Plea
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(a) A pleading of a defendant in a justice or municipal court may be oral or in writing as directed by the court.
(b) After a jury is impaneled, or after the defendant has waived trial by jury, the defendant may enter:
(1) a plea of guilty, not guilty, or nolo contendere; or
(2) a special plea of double jeopardy as described by Article 27.05.
Terms Used In Texas Code of Criminal Procedure 45A.151
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- in writing: includes any representation of words, letters, or figures, whether by writing, printing, or other means. See Texas Government Code 312.011
- Justice: when applied to a magistrate, means justice of the peace. See Texas Government Code 312.011
- Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(c) If a defendant is detained in jail before trial, the justice or judge may permit the defendant to enter any of the pleas described by Subsection (b).
(d) If a defendant is charged with an offense involving family violence, as defined by § 71.004, Family Code, the justice or judge must take the defendant’s plea in open court.
Text of article effective on January 01, 2025