Trial in Absentia – Craig Wismer / Peoria Times
April 13th, 2015 – Trial in absentia. This phrase refers to a court conducting a criminal trial without the presence of the defendant. You might be wondering if it’s possible for this to occur, and my answer is yes, with a caveat.
Defendants are afforded a multitude of constitutional rights that they may elect to exercise regarding the disposition of criminal charges brought against them by the State. They may also exercise their prerogative to be present at all court proceedings including Pre Trial Conferences, the trial itself, and post-conviction proceedings including Restitution Hearings. Alternatively, should they wish to do so, Defendants may opt to waive their presence at some court proceedings without jeopardizing the disposition of their case. A scenario that becomes potentially problematic for them, however, is their absence at trial…
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