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                                        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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