1.2 Criminal 1.2(A) A lawyer may enter a written notice and plea of not guilty on behalf of any defendant, including a waiver of formal arraignment, except for those criminal charges listed in MMCLCR1.2(B). 1.2(B) Arraignment - Defendant's Presence Required: A lawyer may not enter a written plea of not guilty on behalf of a defendant if the charging document states that one or more of the charges involve domestic violence, harassment, violation of an anti-harassment or protection order, stalking, driving while under the influence, being in physical control of a vehicle while under the influence, or driving while under the age of 21 after having consumed alcohol. For such charges, the defendant must appear in person for arraignment, and the court shall determine the necessity of imposing conditions of pre-trial release. Where legislation mandates the defendant's appearance on the next judicial day following arrest, the term "next judicial day" shall be the next regularly scheduled court session. 1.2(C) Defendants booked into custody on charges of Assault - Domestic Violence, Driving Under Influence, or Physical Control shall personally appear before a judge the next judicial day following booking into jail. (Amended effective 9-1-08)
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