Requirement for Defendant to be Present when there is a Trial

When a person is defending against criminal activity, he or she may feel the need to not be present in the proceedings. He or she may be ashamed of what the trial may cause him or her to face.

In some instances, he or she may not want to be in attendance when family and friends show up for support. Even with the legal assistance through a lawyer, these persons might feel the necessity to be absent. A lack of courage, anxiety or other powerful emotions may overpower these individuals from appearing when on trial for one violation of the law or another. 

There are some specific stipulations that demand the appearance of the defendant. He or she may be needed for various processes during the trial. This could be for defending or prosecuting purposes. The absence of the defendant in these instances may jeopardize the case. Some court rules advise the accused that he or she must be present during certain situations that he or she is involved in. If only the criminal defense lawyer is present, the judge may feel the missing person is disrespecting the court or the processes of justice. Looking unfavorably at these actions, the presiding judge may issue harsher sentences in the conclusion of a conviction.

Required Presence during Trials

There are a few rules that demand the presence of the defendant when a court trial commences. One of these explained that he or she must be in the courtroom during the initial appearance. This includes the processes of the initial arraignment and the plea. The plea is important so the judge knows the accused’s perspective on the case. The initial arraignment explains what type of evidence, witnesses and other items or persons are required. Some stipulations detail that the accused must be in attendance at every single stage of the trial. This is even during the time the jurors are selected as well as when a verdict has been completed. Sentencing demands the presence of the convicted.

Presence Not Required during Trials

There are some circumstances when the accused individual is not necessary to attend. These may include when the defending person is an organization instead of one individual. When the entire company has been accused of a crime, there may not be a single defendant necessary. Another situation involves misdemeanor violations. These crimes often have fines or prison or jail terms attached with no more than one year. If the suspected perpetrator has been granted permission, the arraignment, plea, trial and sentencing may transpire entirely through video teleconferencing instances or without the defending person entirely.

The individual on trial may be absent when there is a conference or hearing specifically about a legal inquiry. These instances have little to no involvement with these persons, and their attendance is not mandatory. Additionally, these processes are usually only a conference or hearing about some detail of the law. Sentence corrections may be completed without the defendant. These procedures are only a correction or reduction of sentences that were previously issued to the individual. When appropriate, the accused may waive his or her continued presence if it may be done. There may be other complicated instances when these persons may be absent as well.

Waived Presence

In certain circumstances, someone on trial may be in the courtroom initially. He or she may have pleaded guilty or no contest to charges. After these processes have been completed, he or she may waive his or her right to be at the trial with specific stipulations and in jurisdictions that permit this process. The nonattendance must be voluntary by the person after the trial commenced. This waiver may be given even when someone has been explained that he or she is obligated to stay during the court case. These instances may also occur when the accused was voluntarily absent when sentencing occurs. One specific lack of attendance of the defendant may be when he or she has been removed from the court due to disruptive behavior. A waiver may be used in these circumstances as the judge may have explained he or she may be taken out of the courtroom if the issue is not resolved.

If a waiver has been issued by the defending person, the full trial may commence and continue until it has completed including a verdict, sentencing and all other states. These may be accomplished during the absence of the accused. It is best to consult the criminal defense lawyer about these waivers to know what may or may not be appropriate.