When Is a Defendant Required to Personally Appear in Court?

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.

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.

So talk with your lawyer about whether you need to come to any pretrial hearings. They can advise you on which ones require your presence.

The Trial

You absolutely must be present for the entire trial (unless it’s a misdemeanor case where your lawyer requests a “trial in absentia”). The trial is when all the evidence is presented, witnesses testify, and your guilt or innocence is decided. You can’t miss it!

If you fail to show up for even one day of the trial, here’s what could happen:

• The trial could proceed without you. This is very risky because you won’t be there to tell your side of the story.
• The judge could issue a warrant for your arrest.
• You could be charged with the additional crime of “failure to appear.”

Bottom line – don’t skip out on your trial dates. Be present and work closely with your lawyer to present the best defense.

Sentencing

If you are found guilty at trial, the next big court date is sentencing. This is when the judge gives you your “punishment” for the crime – things like jail time, fines, probation, etc.

You need to be at the sentencing hearing because:

• You’ll have a chance to make a statement and present mitigating factors (reasons you should get a lighter sentence).
• It’s important for the judge to see you take responsibility.
• Your lawyer can argue better on your behalf if you’re present.

If you don’t show up, the judge may impose a harsher sentence because you seem to not care or take things seriously. So do your best to be there.

What If I Really Can’t Make It to Court?

There may be rare cases where you absolutely cannot make it to a court date, like:

• You’re hospitalized.
• You’re incarcerated.
• There is a death in the family.

In those cases, have your lawyer file a motion to excuse your appearance. They’ll need to give the judge documentation, like a doctor’s note. The judge will then decide whether to approve your absence. Don’t just miss court without permission – that can lead to big trouble.

Working Closely with Your Lawyer

The key is talking often with your lawyer so you know exactly which court dates require you to be there. Write them on a calendar and do everything possible to show up. Going to court can be intimidating, but it’s important you face the charges head on and work with your lawyer to get the best outcome.

Having a lawyer by your side through the whole process can give you courage and confidence. They know the system and will advise you each step of the way. Stay in close contact with them so you never miss a court date that requires you to be present. This shows the judge you take the charges seriously.

Facing criminal charges is tough. But knowing when you absolutely need to show up in court helps avoid dire consequences like arrest warrants. Work closely with your lawyer and don’t let fear make you skip out. You can get through this!