When To Use An Absentia Plea In Criminal Law
An absentia plea, also known as a plea in absentia, allows a defendant to plead guilty or no contest to criminal charges without being physically present in court. This plea can be useful in certain situations, especially if the charges are minor, or it would be very difficult to get to court. Because an absentia plea is accepting guilt of a crime, the use of this plea requires careful consideration of the legal implications and consequences. If you are facing criminal charges, it is always best to speak with an experienced criminal attorney near you, as they will be able to give you sound legal counsel about how best to proceed. If you live in or near Columbus, OH, contact The Joslyn Law Firm online or call (614) 444-1900 for a free case evaluation.
What Is Means to Plea in Absentia
An absentia plea allows a defendant to settle a criminal matter without appearing in person before the judge. The defendant’s attorney will typically represent them in court, presenting the plea to the judge on the defendant’s behalf. This type of plea is commonly used for misdemeanors and minor infractions rather than serious felonies, which generally require the defendant’s presence.
Types of Pleas in Absentia
Guilty Plea: Accepting responsibility for the charges and waiving the right to a trial.
No Contest Plea: Not admitting guilt but accepting the penalties, which may still affect civil liability in some cases.
When Does an Absentia Plea Make Sense?
There are a number of circumstances where an absentia plea may make sense for an individual including the following;
1. Minor Offenses with Low Penalties – Minor infractions like traffic violations or minor misdemeanors can often be resolved without going to court. An absentia plea allows the defendant to settle these charges remotely, saving time and expenses.
2. Defendant Lives Out of State or Overseas – For defendants who live far away, attending court in person could be costly and inconvenient. If the offense is nonviolent and relatively minor, courts may allow an absentia plea, saving the defendant the need to travel and the costs involved.
3. Medical or Health-Related Issues – Defendants who are physically unable to attend court due to illness or injury may be permitted to enter a plea in absentia, especially if the charges are not severe. A valid medical reason can be presented by your attorney to request the court’s permission.
4. Business or Family Commitments – In situations where the defendant’s absence would have a significant impact on business operations, family care, or other pressing commitments, an absentia plea can offer a solution. The court may consider the defendant’s circumstances and, if the charges allow, grant the plea in absentia.
Examples of Cases Suitable for Absentia Pleas
It can be helpful to look at real world examples of how an absentia plea works.
Example 1: Traffic Violations by Out-of-State Drivers
An individual that lives in Kentucky is ticketed for speeding while driving through Ohio. The fine they received was relatively minor, but attending court would require them to travel several hundred miles. In this case, the driver can retain the services of an experienced traffic attorney in Ohio who may negotiate with the court to allow a plea in absentia, allowing the driver to pay the fine or accept penalties remotely.
Example 2: Nonviolent Misdemeanor for an Overseas Resident
A U.S. citizen who has moved abroad to Spain is charged with a nonviolent misdemeanor from an incident that occurred before they moved. Traveling back to the U.S. for their case would be very costly and disruptive to their life. In this situation, if the defendant retained the services of an attorney can request an absentia plea so they can resolve the charge from overseas, accepting the penalty without appearing in court.
Example 3: Defendant with a Severe Medical Condition
A defendant facing a minor public disturbance charge is in the hospital recovering from heart surgery and cannot attend court. Due to their condition, the court may permit an absentia plea, where their attorney will present the plea and handle sentencing arrangements.
Example 4: Family or Business Commitments Preventing Attendance
An individual owns a small convenience store that is open seven days a week, and he is the only manager of the store. He has been charged with a minor misdemeanor that doesn’t involve jail time. The defendant’s absence would disrupt business operations, forcing the store to close, so the court may allow an absentia plea to avoid hardship on the business.
Advantages and Disadvantages of an Absentia Plea
As with any legal strategy it is important to understand the advantages and disadvantages when choosing a course of action and that includes when moving forward with an absentia plea.
Advantages:
Convenience – Defendants can resolve charges without traveling.
Reduced Legal Costs – Avoiding travel and additional court appearances saves money.
Faster Resolution – Cases can often be settled more quickly through an absentia plea.
Disadvantages:
Missed Court Process – Defendants miss the chance to present themselves and their case in person.
Limited Use for Serious Charges – Courts rarely allow absentia pleas for felony charges or serious misdemeanors.
Long-Term Consequences – Even though absentia pleas are reserved for less serious misdemeanor crimes, entering a guilty or no-contest plea can impact future job prospects, credit, and housing opportunities. It is important to be aware of these potential consequences.
Important Considerations Before Entering an Absentia Plea
Defendants should weigh the benefits and potential drawbacks before deciding on an absentia plea. Consulting with an experienced criminal defense attorney near you is crucial to understanding the full impact of the plea. It is best to ask your lawyer to give you all of your options or ways to mitigate the consequences of their charges before choosing one strategy.
In some cases, defendants may benefit from seeking a reduction or dismissal rather than accepting the charges. An attorney can help explore every option to ensure the best outcome. If you have been charged with a crime, contact The Joslyn Law Firm to set up a free case evaluation so we can help you determine the best course of action for your circumstances. Call us at (614) 444-1900 or contact us online today.
