Can a defendant waive his right to be absent from an evidentiary proceeding?

California, United States of America


The following excerpt is from People v. Arias, 13 Cal.4th 92, 51 Cal.Rptr.2d 770, 913 P.2d 980 (Cal. 1996):

The court then excused the jury to take up defendant's absence request, as it had promised to do. The court explained that defendant had an absolute right to be present during evidentiary proceedings, but that under People v. Robertson (1989) 48 Cal.3d 18, 255 Cal.Rptr. 631, 767 P.2d 1109 (then recently decided), he could make a knowing and voluntary waiver of that right. The court ruled it would excuse defendant from each day's proceedings if, for each such day, defendant executed a separate written waiver of his right to be present.

Other Questions


Does a defendant who is read his Miranda rights knowingly, voluntarily and intelligently waive their right to remain silent have knowingly waived their rights? (California, United States of America)
What waiver of appeal rights apply to a criminal defendant who knowingly waives any significant right such as constitutional rights? (California, United States of America)
Does a defendant have a right to remain silent or waiving his right to counsel? (California, United States of America)
Can a defendant waive his right to have his interpreter interpret the entire proceedings verbatim? (California, United States of America)
Is a defendant's right to give substantive legal instructions to the jury ex parte implicates his right to be present at all trial proceedings? (California, United States of America)
When a defendant waives his right to be present at trial by refusing to leave the courtroom, does he have a right to remain in the courtroom? (California, United States of America)
In what circumstances will a defendant waive the right to defend himself with a knife? (California, United States of America)
Does a defendant have the right to waive their right to counsel and elect to represent themselves? (California, United States of America)
Does Defendant have any grounds to argue that the Court's recent rulings in a civil case against the Defendant violated the Defendant's civil rights? (California, United States of America)
Can a criminal defendant waive a right to jury at trial by jury? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.