When can a municipal judge take a plea?

• A. When a sworn complaint or citation has been filed with the court
• B. After a jury has been impaneled
• C. After the case is continued
• D. After a sentence is imposed

Answer: (A)

Taking a plea happens at the arraignment stage, and that starts once a charging document is in place. A sworn complaint or a traffic citation is what brings the case into the court and gives the judge authority to proceed. Until that document is filed, there’s no case for the judge to resolve, so there’s no proper moment to accept a plea. Once the charging instrument is filed, the defendant appears, is informed of rights, and the judge can accept a guilty or no contest plea as part of resolving the charge.

The other situations don’t fit because they reflect later stages of the process. After a jury has been impaneled, the case is in trial mode, and a plea would already have been entered or a trial would be underway. If the case is continued or a sentence has already been imposed, the opportunity to enter a fresh plea has passed.