What rights does a criminal defendant have to be personally present at a hearing?

California, United States of America


The following excerpt is from People v. Sandoval, 196 Cal.Rptr.3d 424, 363 P.3d 41, 62 Cal.4th 394 (Cal. 2015):

" 'Broadly stated, 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 sections 977 and 1043. [Citation.]' [Citations.] ' "A defendant, however, 'does not have a right to be present at every hearing held in the course of a trial.' " ' " (People v. Jennings (2010) 50 Cal.4th 616, 681, 114 Cal.Rptr.3d 133, 237 P.3d 474 (Jennings ).) A defendant has a right under the Fourteenth Amendment to be present "at a 'stage ... that is critical to [the] outcome' and [if] defendant's 'presence would contribute to the fairness of the procedure.' " (Id. at pp. 681682, 114 Cal.Rptr.3d 133, 237 P.3d 474.)

Other Questions


When will defendant prevail on his claim that he has a personal right to be personally present at a criminal trial? (California, United States of America)
What is the test for a criminal defendant's right to be personally present at a criminal proceeding? (California, United States of America)
Does a criminal defendant have a right to be personally present at the criminal proceedings? (California, United States of America)
Is a criminal defendant entitled to a personal waiver of his right to be present during a criminal trial? (California, United States of America)
Does the Court of Appeal have found that Defendant Joiner did not waive his assumed constitutional right to be personally present at the remand hearing and that the court erred in conducting that hearing in his absence? (California, United States of America)
Can a defendant waive his right to be personally present at trial if he is not personally present? (California, United States of America)
Does a criminal defendant have a right to be personally present at a hearing? (California, United States of America)
What is the test for obtaining a written waiver of a criminal defendant's right to be present at a criminal trial? (California, United States of America)
Does a defendant have a right to be personally present at a personal injury proceeding? (California, United States of America)
What is a defendant's right to be personally present at a criminal proceeding? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.