Texas Code of Criminal Procedure 45A.154 – Plea of Guilty or Nolo Contendere by Defendant in Jail
(a) If a defendant who is detained in jail enters a plea of guilty or nolo contendere, the justice or judge may, after complying with Article 15.17 and advising the defendant of the defendant’s right to trial by jury, as appropriate:
(1) accept the defendant’s plea;
(2) assess a fine, determine costs, and accept payment of the fine and costs;
(3) give the defendant credit for time served;
(4) determine whether the defendant is indigent; or
(5) discharge the defendant.
(b) Notwithstanding Article 45A.201(a), following a plea of guilty or nolo contendere entered by a defendant detained in jail, a motion for new trial must be made not later than the 10th day after the imposition of judgment and sentence. The justice or judge shall grant a motion for new trial made under this subsection.
Text of article effective on January 01, 2025
Terms Used In Texas Code of Criminal Procedure 45A.154
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- 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.