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Rule 4-704. Authority of court clerks.

Intent:

To establishthe authority of court clerks to extend the time for payment of bail, todismiss citations issued for certain offenses, and to accept plea in abeyanceagreements in certain limited circumstances.

Applicability:

This rule shallapply to all courts of record and courts not of record.

Statement ofthe Rule:

(1) Unlessotherwise ordered by the judge, the clerk of the court, for reasonable cause,is authorized to allow a defendant an extension of time to post bail.

(2) Unlessotherwise ordered by the judge, the clerk of the court is authorized to dismisscitations as provided in the Appendix C, Uniform Fine/Bail Schedule.

(3) Plea inabeyance agreements.

(3)(A) Ajudge?or if there is a presiding judge, the presiding judge?may direct theclerk of court to accept a plea in abeyance agreement in traffic offenses thatare listed in Appendix C, Uniform Fine/Bail Schedule as not requiring anappearance by the defendant. The clerk of court shall follow the procedures ofTitle 77, Chapter 2a, Pleas in Abeyance, including:

(3)(A)(i) the offer by the prosecutor for a plea in abeyance,including the conditions established under paragraph (3)(B), may be on acase-by-case basis or by a written standing offer;

(3)(A)(ii) thedefendant?s waiver of rights and acceptance of that offer shall always be in awriting signed by the defendant; and

(3)(A)(iii) theplea in abeyance order shall always be in a writing signed by the judge.

(3)(A)(iv) Thewritings required by the previous subsections may be included in the samedocument or record.

(3)(B) Theconditions of a plea in abeyance authorized by this rule may include onlypayment of a plea in abeyance fee of no more than $25.00 above the recommendedbail in the Uniform Fine/Bail Schedule, a period of good behavior not to exceedone year, and, if the offense is a moving violation of Title 41, Chapter 6a, Traffic Code, successfully completing traffic school.

(3)(C) If thedefendant does not forfeit bail as established by the court, or enter a plea inabeyance, the clerk of the court shall process the case for trial.

(3)(D)Thedefendant may file a written motion to withdraw a plea in abeyance within 30days after entry of the plea. If the defendant timely moves to withdraw a plea,the clerk of the court shall set the matter before the judge.