Have a defense attorney who wants to have pre-trial hearings on discovery, evidence admissibility, etc but wants to waive his clients right to be present?

Defendant now lives in OK, and doesn't want to drive back for all the (frivolous) motions hearings the defense is planning on using to drag this case out so the perv never comes to trial.

I am concerned about appellate issues, flight, as well as enabling the defendant to postpone this case indefinately.

Soooo, ccp 33.03 references trial, and I am at a loss at my research, and have limited time unfortunately, can the attorney waive the defendant's right to be present for him? Do we have a right to object? Caselaw???

Thanks
Rachel

I believe it's up to the Trial Court's discretion....I can't give you any law to support that belief.

I'd file a written objection and make it clear what your concerns are about letting this guy skip pretrial.

duh...28.01

I totally should have looked at the book

The user forum works again!

For some discussion of the issue of waiving a defendant's presence in court, see page 120 of The Perfect Plea.