Filed: Oct. 17, 2016
Latest Update: Oct. 17, 2016
Summary: UNOPPOSED REQUEST FOR RULE 43 WAIVER (VIDEO APPEARANCE) FOR DEJ PLEA MICHAEL J. SENG , Magistrate Judge . Pursuant to Federal Rule of Criminal Procedure 43(b)(2), Justine R. Saba, having been advised of her right to be present at all stages of the proceedings, hereby requests that this Court permit her to waive her right to personally appear for her deferred entry of judgment proceeding and that she be allowed to appear via video conference. Ms. Saba agrees that her interests shall be repre
Summary: UNOPPOSED REQUEST FOR RULE 43 WAIVER (VIDEO APPEARANCE) FOR DEJ PLEA MICHAEL J. SENG , Magistrate Judge . Pursuant to Federal Rule of Criminal Procedure 43(b)(2), Justine R. Saba, having been advised of her right to be present at all stages of the proceedings, hereby requests that this Court permit her to waive her right to personally appear for her deferred entry of judgment proceeding and that she be allowed to appear via video conference. Ms. Saba agrees that her interests shall be repres..
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UNOPPOSED REQUEST FOR RULE 43 WAIVER (VIDEO APPEARANCE) FOR DEJ PLEA
MICHAEL J. SENG, Magistrate Judge.
Pursuant to Federal Rule of Criminal Procedure 43(b)(2), Justine R. Saba, having been advised of her right to be present at all stages of the proceedings, hereby requests that this Court permit her to waive her right to personally appear for her deferred entry of judgment proceeding and that she be allowed to appear via video conference. Ms. Saba agrees that her interests shall be represented at all times by the presence of her attorney, Linda C. Allison, of the Office of the Federal Defender for the Eastern District of California, the same as if Ms. Saba were personally present, and requests that this Court allow her attorney to represent her interests at all times. The government has no objection to Ms. Saba's appearance via video in lieu of her personal appearance. This Court has the discretion under Rule 43(b)(2) to allow Ms. Saba to appear by video conference or to be absent from the proceedings.
Ms. Saba is charged with one count of possession of a controlled substance in violation of Title 36 Code of Federal Regulations §2.35(b)(2), a petty offense. She has been offered a deferred entry of judgement agreement to resolve the case. The terms include the payment of a fine and a 12 month term of court probation with a dismissal upon the successful completion of the term of probation.
Ms. Saba is living and working in the San Jose area. It would be a long distance and considerable expense for Ms. Saba to travel to the park for this hearing. If this request is granted, she would appear at the federal courthouse in San Jose for a video link with this Court. These arrangements would be made by the Court's deputy clerk.
I consent to the above.
ORDER
Good Cause Appearing, the above request for Defendant's waiver of personal appearance and request to appear via video at the DEJ hearing in case No. 16-mj-067 MJS is granted by order of the court ON CONDITIONS THAT: 1) A fully executed plea agreement be lodged with the Court three Court days prior to the hearing; and, 2) Defense counsel make all arrangements necessary to enable video conferencing capability and effectiveness.
IT IS SO ORDERED.
