Q: Can the court modify probation and enter plea without defendant being present?
16 year old defendant (being charged as an adult for agg. assault without intent to kill) violated probation for not going to see his probation officer. In court his lawyer was not present when the case was called. Judge had defendant removed and rescheduled. Lawyer showed up moments later and ask judge to hear the case. Judge agreed but did not bring defendant back in. Decision of re-instating probation with 6 months drug rehab was made by parents, counsel and judge, a plea of guilty was entered. Defendant feels his right to be present during this decision was violated as well as the right to being heard in regard to the plea.
A: He should have been present. But if he does not want this, he will have to probably get another attorney to move to set the plea aside.
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