Can a defendant waive their right to attend a critical stage of trial?

California, United States of America


The following excerpt is from The PEOPLE V. HOOPER, B214639, BA288833, BA290020, No. BA343075 (Cal. App. 2010):

As a matter of federal constitutional law, a defendant may validly waive his or her presence at critical stages of trial. (Cf. People v. Welch (1999) 20 Cal.4th 701, 773.) Such waiver may occur when a defendant is disruptive at trial, and appellate courts give considerable deference to the trial court's judgment as to when disruption has occurred or may reasonably be anticipated. (Ibid.)

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