When Is a Defendant Required to Personally Appear in Court?

Going to court can be scary and confusing. As a defendant, you may wonder if you really need to show up or if your lawyer can just handle everything. This article will explain when you are required to personally come to court.

The First Court Date

For your first court date, called the arraignment, you always have to be there. At the arraignment, you are officially told about the charges against you and asked to enter a plea of guilty or not guilty. Your lawyer can’t do this for you – you must be there yourself.

Some key things that happen at the arraignment:

• You are formally told about the charges against you
• You enter a plea (guilty or not guilty)
• Bail may be set if you are in jail
• Conditions of release are discussed, like staying away from witnesses

Because critical issues are handled at the arraignment, your presence is required. If you don’t show up, the judge can issue a warrant for your arrest.

Other Court Dates Before Trial

After the arraignment, there may be several pretrial court dates to handle various issues before the trial itself. For many of these, your lawyer can appear on your behalf without you being there. For example, your lawyer can request more evidence from the prosecutor at a pretrial hearing. You don’t need to be there for that.

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Legal Scenario: What Would You Do?

Scenario

You received a notice for your next court hearing in a misdemeanor case, but you have a work conference out of state that same week. Your attorney says he can appear on your behalf, but you're not sure if the judge will allow it.

Can my lawyer go to court for me, or will the judge issue a warrant if I don't show up personally?

Attorney's Answer

Whether you must personally appear depends on the severity of the charges and the type of hearing. Under Federal Rule of Criminal Procedure 43, defendants must be present at arraignment, plea, every stage of trial, and sentencing — but for misdemeanors, Rule 43(b)(2) allows a defendant to consent in writing to be absent, with counsel appearing on their behalf. Many state courts follow similar rules, permitting attorney appearances for routine pre-trial hearings in non-felony cases. However, missing a required appearance without court permission can result in a bench warrant and additional charges for failure to appear, so always confirm with your attorney and seek a formal continuance if you cannot attend.

This is general information only. Contact us for advice specific to your situation.

But for some pretrial hearings, you will need to be present. For example:

• Bail review hearings – if bail was set and you want the judge to reconsider, you need to be present.
• Plea bargain hearings – if a plea deal is offered and you want to accept it, you’ll need to appear and enter your plea.
• Any hearing where you will testify or be questioned.