Which of the following statements is true regarding personal appearance for pleas?

• A. Yes, the court must require personal appearance in all cases.
• B. Only if the defendant requests it.
• C. Only if the defendant is in custody.
• D. No, the court cannot require personal appearance when a guilty or nolo contendere plea and a waiver are delivered before the appearance date.

Answer: (D)

When a defendant pleads, there’s normally a need for personal appearance so the judge can confirm understanding of the plea and the rights being waived. But there’s an exception: if the defendant enters a guilty or no contest plea and delivers a waiver of appearance before the scheduled date, the court cannot require the defendant to appear. The plea and the accompanying signed waiver let the court accept the plea in the defendant’s absence and proceed toward sentencing or other steps. This is why the statement is true: a valid guilty or no contest plea with a pre-appearance-date waiver means appearance isn’t required. The other options misstate when appearance is mandatory, implying it always happens, or depend on the defendant’s request or custody status, which isn’t the case when a proper waiver is in place.