Hudspeth County Attorney Kit Bramblett had said Nelson could resolve the charges by pleading guilty, paying a fine - and singing "Blue Eyes Crying in the Rain" for the court.
Bramblett said Judge Becky Dean-Walker demanded Nelson appear in court, not plead by mail.
Dean-Walker told The Associated Press she thinks the prosecutor was trying to be funny, "and it got out of hand." She said Tuesday that Nelson can plead guilty without coming to court and singing.
Nelson was arrested Nov. 26 at a Border Patrol checkpoint in Sierra Blanca. His spokeswoman had declined to comment earlier on the sentencing suggestion.
(Copyright 2011 by The Associated Press. All Rights Reserved.)