Legislation
SECTION 71-0207
Pleas by mail
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 71, TITLE 2
§ 71-0207. Pleas by mail.
A defendant charged with a violation of any provision of this chapter
or rule, regulation or order promulgated or adopted thereunder may
himself plead guilty to the charge in open court. He may also submit to
the magistrate having jurisdiction, in person, by duly authorized agent,
or by registered mail, a statement (a) that he waives arraignment in
open court and the aid of counsel, (b) that he pleads guilty to the
offense as charged, (c) that he elects and requests that the charge be
disposed of and the fine or penalty fixed by the court, (d) of any
explanation that he desires to make concerning the offense charged, and
(e) that he makes all statements under penalty of perjury. Thereupon
the magistrate may proceed as though the defendant had been convicted
upon a plea of guilty in open court, provided however, that any
imposition of fine or penalty hereunder shall be deemed tentative until
such fine or penalty shall have been paid and discharged in full. If
upon receipt of the aforesaid statement the magistrate shall deny the
same, he shall thereupon notify the defendant of this fact, and that he
is required to appear before the said magistrate at a stated time and
place to answer the charge which shall thereafter be disposed of
pursuant to the applicable provisions of law.
A defendant charged with a violation of any provision of this chapter
or rule, regulation or order promulgated or adopted thereunder may
himself plead guilty to the charge in open court. He may also submit to
the magistrate having jurisdiction, in person, by duly authorized agent,
or by registered mail, a statement (a) that he waives arraignment in
open court and the aid of counsel, (b) that he pleads guilty to the
offense as charged, (c) that he elects and requests that the charge be
disposed of and the fine or penalty fixed by the court, (d) of any
explanation that he desires to make concerning the offense charged, and
(e) that he makes all statements under penalty of perjury. Thereupon
the magistrate may proceed as though the defendant had been convicted
upon a plea of guilty in open court, provided however, that any
imposition of fine or penalty hereunder shall be deemed tentative until
such fine or penalty shall have been paid and discharged in full. If
upon receipt of the aforesaid statement the magistrate shall deny the
same, he shall thereupon notify the defendant of this fact, and that he
is required to appear before the said magistrate at a stated time and
place to answer the charge which shall thereafter be disposed of
pursuant to the applicable provisions of law.