What is a defendant's right to be personally present with counsel in a criminal proceeding?
California, United States of America
The following excerpt is from People v. Kriss, 158 Cal.Rptr. 420, 96 Cal.App.3d 913 (Cal. App. 1979):
The right of the accused to be present at all stages of the proceeding is grounded on article I, section 15 (formerly section 13) of the California Constitution: "The defendant in a criminal cause has the right . . . to be personally present with counsel . . . " 1 In a misdemeanor proceeding, 2 the defendant has a statutory right to be absent under the Penal Code. This is explained in People v. Semecal (1968) 264 Cal.App.2d Supp. 985, 69 Cal.Rptr. 761 in the following language:
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