Legal Definitions - presence-of-defendant rule

The presence-of-defendant rule is a fundamental legal principle that guarantees an individual accused of a serious crime (known as a felony) the right to be physically present during all significant phases of their criminal proceedings. This right is considered essential for ensuring a fair trial, allowing the defendant to hear the evidence presented against them, consult with their legal counsel, and actively participate in their own defense.

This rule applies to most critical moments in a criminal case, from the initial stages through to sentencing, ensuring the defendant is not excluded from decisions or events that directly impact their liberty and future.

• Example 1: Jury Selection

  Imagine a defendant, accused of felony embezzlement, is preparing for trial. During the process of selecting the jury (known as voir dire), where potential jurors are questioned about their impartiality, the defendant is mistakenly kept in a holding cell and not brought into the courtroom. This would be a violation of the presence-of-defendant rule. The defendant has a right to be present during jury selection to observe potential jurors, discuss concerns with their attorney, and contribute to decisions about who will decide their fate.

• Example 2: Key Witness Testimony

  Consider a felony aggravated assault trial where a crucial eyewitness is testifying for the prosecution. If, for some reason, the defendant is temporarily removed from the courtroom and misses a significant portion of this witness's testimony, their right under the presence-of-defendant rule would be infringed. The defendant must be present to hear the evidence presented against them, observe the witness's demeanor, and provide immediate input to their attorney for cross-examination.

• Example 3: Sentencing Hearing

  After being convicted of a felony drug trafficking charge, the defendant is scheduled for a sentencing hearing. Due to an administrative error, the defendant is not transported from the correctional facility to the courthouse, and the judge proceeds to announce the sentence in their absence. This situation would clearly violate the presence-of-defendant rule. Sentencing is a critical stage where the defendant's liberty is directly determined, and they have the right to be present to hear the judge's decision, potentially make a statement, and consult with their attorney regarding the sentence and any potential appeals.