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Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Legal
Satisfied Customers: 12704
Experience:  Experienced Licensed Attorney
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I have a assault 3rd degree charge in Benton county. How do

Resolved Question:

I have a assault 3rd degree charge in Benton county. How do I enter a guilty plea or no contest plea by mail? I live 12 hours away and can't make the trip.
Submitted: 1 year ago.
Category: Legal
Expert:  Alex J. Esq. replied 1 year ago.
Hello. My name is XXXXX XXXXX X will be happy to answer your question.

I am very sorry about your difficult situation.

Unfortunately, there is not legal option for you to plead by mail or by phone and you are required to be physically present in the courtroom in order to enter a plea in any criminal case.

Unfortunately, if you do not show up for the arraignment, an arrest warrant would be issued and you would be eventually detained and extradited to face the criminal charge in this case and also if an arrest warrant is issued and you are detained and extradited, there would be a good possibility that the judge would deny any bail for you, until the case is resolved.

I wish you the best of luck!
Customer: replied 1 year ago.


I spoke with the prosecutor by phone and she said I could enter a plea by mail but she said the judge may not accept it. She would not tell me how to go about it. Was this bad information?

Expert:  Alex J. Esq. replied 1 year ago.
Thank you for your follow up.

Is the criminal case against your pending in Missouri?

Were you released on bail?

What state do you currently live in?

Did you retain a local criminal defense attorney to represent you in this criminal case?
Customer: replied 1 year ago.


Yes I have a case pending. My first court date is 5/14/13 in Benton county with judge Pilley. I was released on $500 bail. I live in northern Illinois. I have applied for a public defender. I cannot afford an attorney. If I could I would hire an attorney and fight these charges. If I am denied a public defender I will have to plea guilty or know contest. Driving that far is a lot of money when you have none. I have contacted the Circuit Clerks office and they cannot tell me how to request to plea by mail. The prosecutor said it is possible to make the request but it may not be granted. What would be my punishment for a 3rd degree misdemeanor?

Expert:  Alex J. Esq. replied 1 year ago.
Was this a domestic violence related assault?

Is this your first arrect and criminal charge or do you have any prior convictions?

Did the terms of your bail allow you to leave the state of Missouri, while out on bond?
Customer: replied 1 year ago.

I don't believe it is considered a domestic case. My girlfriends son was abducted by his father. we had papers from an Illinois court demanding the child be turned over to his mother. The police refused to serve the papers after telling us they would. We went and took the child. The police said they had to charge us with something. They wanted to charge us with burglary but we didn't steal anything. They came up with assault 3rd degree but we didn't attack anyone. The women at the house claims to have been assaulted but she attacked my girlfriend while she was trying to flee with her son. My girlfriend didn't fight back, she ran away with her son who was grateful to be rescued. Upon being released we went to judge in Benton county with our papers from the Illinois court and he said the police were wrong not to serve them. Had we known what we were doing, we would have went to the Benton court to have the judge order the papers be served. The Benton county judge ordered the father to turn the child over and we took him home

Expert:  Alex J. Esq. replied 1 year ago.
Thank you for your follow up.

Do you have any prior criminal convictions?

The assault in the 3rd degree in Missouri can be either Class D felony (depending on your priors) or a class A or class C misdemeanor.

Do you know the exact statute that you are charged with?
Customer: replied 1 year ago.


Other than a DUI 12 years ago I have no arrests. I'm charged with Assault 3rd Deg-(3,5) Misdemeanor C

Expert:  Alex J. Esq. replied 1 year ago.
Thank you for your follow up.

Class C misdemeanor is punishable by up to 15 days in the county jail with or without a fine of up to $300.

Even though this is a lowest classification of a misdemeanor crime in Missouri, it is still important for you to attend court hearings and generally the court would require your physical appearance, unless your local attorney or public defender would be able to obtain a waiver of your appearance from the judge, prior to the court hearing and the courts would not generally accept any please send by mail in a criminal case.

I wish you the best of luck!
Customer: replied 1 year ago.
thanks for the information
Expert:  Alex J. Esq. replied 1 year ago.
Please click on the excellent service rating, so I can receive credit for my answer.


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Alex J. Esq., Attorney at Law
Category: Legal
Satisfied Customers: 12704
Experience: Experienced Licensed Attorney
Alex J. Esq. and 8 other Legal Specialists are ready to help you

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