COURT RULE 7:6-3. Guilty Plea by Mail in Non-Traffic Offenses

COURT RULE 7:6-3. Guilty Plea by Mail in Non-Traffic Offenses

• (a) Entry of Guilty Plea by Mail. In all non-traffic and non-parking offenses, except as limited below, on consideration of a written application, supported by certification, with notice to the complaining witness and prosecutor, and at the time and place scheduled for trial, the judge may permit the defendant to enter a guilty plea by mail if the court is satisfied that a personal appearance by the defendant would constitute an undue hardship such as illness, physical incapacity, substantial distance to travel, or incarceration. The guilty plea by mail form may also include a statement for the court to consider when determining the appropriate sentence. A guilty plea by mail shall not be available for the following:
  
  • (1) cases involving the imposition of a mandatory term of incarceration on conviction, unless defendant is currently incarcerated and the mandatory term of incarceration would be served concurrently and would not extend the period of incarceration;
  • (2) cases involving an issue of the identity of the defendant;
  • (3) cases involving acts of domestic violence;
  • (4) cases where the prosecution intends to seek the imposition of a custodial term in the event of a conviction, unless defendant is currently incarcerated and the proposed term of incarceration would not extend the period of incarceration and would be served concurrently; and
  • (5) any other case where excusing the defendant's appearance in municipal court would not be in the interest of justice.
  • (b) Plea Form-Certification. The Guilty Plea by Mail shall be submitted on a form approved by the Administrative Director of the Courts.
• (c) Judgment. The court shall send the defendant and complaining witness a copy of its decision by ordinary mail.