According to records from the Orange County Court Clerk, Dai filed a "Plea of No Contest in Absentia" on Tuesday, asking the court to proceed without her physical presence. Court documents indicate that she discussed the plea with her attorney, Josephine Arroyo, Esquire, and agreed to the terms.
The "Plea of No Contest in Absentia" is typically applied in minor offenses or specific cases where the court grants permission for a defendant’s absence. In such cases, the defendant does not admit guilt but also does not dispute the charges, effectively accepting the court’s judgment and potential penalties.
She also acknowledged that she understood the maximum penalty for the charge could include one year in jail and/or a fine of up to $1,000. In her submission, she confirmed that she had no physical or mental condition that would prevent her from understanding the nature of the legal proceedings against her.
Previously, she was denied participation in the Pre-Trial Diversion (PTD) program, which allows defendants to avoid prosecution by completing community service or educational courses. The District Attorney’s Office ruled that she was ineligible because she had previously been convicted of petty theft.
On Aug. 14 she and her attorney filed a petition asking the court to suspend the criminal proceedings while she completed the PTD program.
But the PTD program is available only to a "first offender" or "any person previously convicted of not more than one nonviolent misdemeanor."
It allows offenders to avoid formal prosecution, while holding them accountable and giving them a chance to correct their behavior without a criminal record.
Court records indicate that she was accused in January of stealing merchandise valued between $100 and $750.
In February she told VnExpress in her first public comments that she had inadvertently taken the $330 AirPods case while rushing to a performance, which led to her being accused of petty theft.
Dai, 57, moved to the U.S. with her family in the 1970s. Known for her dynamic stage presence, she has often been compared to Madonna. She is married to Vietnamese-born singer Tommy Ngo.