Can a defendant who is charged with a felony under section 977 waive his right to be personally present at trial?

California, United States of America


The following excerpt is from The People v. Wasdon, B218842, BA286996, No. BA326282 (Cal. App. 2010):

Section 977, subdivision (b)(1), mandates that a defendant charged with a felony must be personally present at all court proceedings unless, with leave of court, the defendant executes a written waiver of the right to be personally present.9 Section 1043, subdivision (a), requires a defendant in a felony case to be personally present at the trial, subject to exceptions specified in other subdivisions.10 One exception is "voluntary absence." Specifically, after the trial on noncapital felony charges has commenced in the defendant's presence, the defendant may be voluntarily absent from the trial. ( 1043, subd. (b)(2).) The statute serves to prevent the defendant from intentionally disrupting the orderly processes of his or her trial because he has decided not to attend. (People v. Concepcion, supra, 45 Cal.4th at p. 83.)

Other Questions


Can a defendant waive his right to be personally present at trial if he is not personally present? (California, United States of America)
Does section 12022.5, subdivision (a) of the California Penal Code, section 120 22.5(1) of Section 1385(2) apply to a defendant who personally uses a firearm in the commission of a felony or attempted felony? (California, United States of America)
Can a defendant in a civil case who is seeking personal representation at trial be denied the right to be personally present at trial? (California, United States of America)
If defendant has no right to present the evidence at trial, has he not established a violation of his right to a fair trial? (California, United States of America)
Does defendant's voluntary absence operate to waive his constitutional right to be present at trial and permitted continuation of the trial? (California, United States of America)
Does defendant's voluntary absence operate to waive his constitutional right to be present at trial and permitted continuation of the trial? (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)
When will a defendant waive his right to be personally present at trial? (California, United States of America)
Can a defendant waive section 190.1(b) of the California Statutory Right to be present at trial during the taking of evidence? (California, United States of America)
Can a capital defendant waive his right to be personally present at trial? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.