What is a defendant's right to be personally present at a criminal proceeding?

California, United States of America


The following excerpt is from People v. Jones, C075064 (Cal. App. 2017):

"[A] criminal defendant has a right to be personally present at certain pretrial proceedings and at trial under various provisions of law, including the confrontation clause of the Sixth Amendment to the United States Constitution, the due process clause of the Fourteenth Amendment to the United States Constitution, section 15 of article I of the California Constitution, and [Penal Code] sections 977 and 1043." (People v. Cole (2004) 33 Cal.4th 1158, 1230; People v. Kelly (2007) 42 Cal.4th 763, 781-782.) "Although . . . this privilege of presence is not guaranteed 'when presence would be useless, or the benefit but a shadow' [citation], due process clearly requires that a defendant be allowed to be present 'to the extent that a fair and just hearing would be thwarted by his [or her] absence' [citation]. Thus, a defendant is guaranteed the right to be present at any stage of the criminal proceeding that is critical to its outcome if his [or

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