If accused of a crime and it goes to trial, does the accused have to attend if they are represented by an attorney? Thanks.

Asked about 2 years ago - New York, NY


Attorney answers (4)

  1. Jeffrey Bruce Gold


    Contributor Level 19


    Lawyers agree

    Answered . An accused has the right to attend and it is recommended, but they can't be forced to attend if they have counsel.

    If you'd like to discuss, please feel free to call. Jeff Gold Gold, Benes, LLP 1854 Bellmore Ave Bellmore,... more
  2. Joseph A Lo Piccolo

    Contributor Level 20


    Lawyers agree

    Answered . Do they have to...technically no. They can refuse and the trial can proceed without them! They can also sentence him in absentia!

    I am a criminal defense attorney practicing in Nassau, Suffolk and New York City. The above information is not a... more
  3. Richard C. Southard

    Contributor Level 19


    Lawyers agree

    Answered . The accused can be tried in absentia (without their presence) but I believe that there would be a bench warrant ordered as the accused is required to be at each court appearance unless excused. This may also lead to possible bail jumping charges based on how much time passes after their non-appearance. This reads as if someone is contemplating flight based on the outcome of the trial. For that reason no judge would consent to your non-attendance. This is a very bad idea for many reasons.

    Richard Southard
    I am a former Deputy Bureau Chief with the Kings County DA’s Office and adjunct professor at John Jay College of Criminal Justice, with over 15 years experience specializing in criminal law cases. I offer free in-person, phone and video consultations.

    All answers are for information purposes only. Answering this question or any future questions does not form any... more
  4. Robert David Richman

    Contributor Level 16


    Lawyer agrees

    Answered . Yes

    This answer is provided for educational purposes only and is not intended as the practice of law in any... more

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