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Defendant's presence at JP trials

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May 06, 2005, 11:37
je
Defendant's presence at JP trials
Does anyone know whether the defendant has to be present during a JP jury trial. It happened today and he wasn't there and the defense attorney said he was appearing for him. He showed the Judge the code saying that the attorney could appear for the defendant in JP matters, and the Judge went on with the trial. It doesn't sound right to me and I was just wondering for next time. Thanks in advance.
May 06, 2005, 11:54
Lucky G
The defense attorney is correct, a defendant does not need to be present for the trial of a class C misdemeanor.
May 06, 2005, 16:06
Clay A.
The defendant does not have to appear "by consent of the State's Attorney" Never count on the defense attorney to quote the whole statute.
May 09, 2005, 14:42
mike bartley
Are all JP Court defendants entitled to sit in the courtroom during JP trials? It seems they tend to pick up on the evidence and argument of the defendant just before them. Can we make they all wait outside until their case is called?
May 09, 2005, 16:43
Mark Pratt
Also, you may want to take a look at HB 615, which proposes to eliminate the language that requires the State's approval for the defendant's non-appearance. It was considered in Calendars today and placed on the General State Calendar 5/11/05.
Mike, on your related Q, the Court hearings are all open to the public. However, through staggered scheduling or by having the Defendants check in with a clerk or bailiff elsewhere and then called when their case is ready, you can achieve the desired result. There definitely is a "herd mentality".