[Editor's note: Sorry there was no post yesterday. I was out of town and had technical trouble that made it impossible to access the blog.] Can a defendant be tried in absentia? In this post, I will answer that question. The Right to be Present at Trial A criminal defendant has a constitutional right to be present at every stage of his or her trial. State v. Braswell, 312 N.C. 553 (1985); State v. Daniels, 337 N.C. 243 (1994); State v. Huff, 325 N.C. 1 (1989), vacated on other grounds, 497 U.S. 1021 (1990). The right applies once the trial has begun. See, e.g., State v. Golphin, 352 N.C. 364 (2000); State v. Hyde, 352 N.C. 37 (2000). Waiver of the Right to be Present at Trial The right to be present at trial is a personal right that may be waived in all cases except capital prosecutions. Daniels, 337 N.C. 243; Braswell, 312 N.C. 553; Huff, 325 N.C. 1; State v. Hayes, 291 N.C. 293 (1976). A waiver of the right to be present may be express or implied. The best practice for the trial judge before proceeding in the defendant’s absence is to obtain an express waiver. Braswell, 312 N.C. 553. G.S. 15A-1011(d) provides the relevant procedure. However, in some circumstances this is not possible or appropriate, such as when the defendant flees mid-trial. In those circumstances, a waiver may be implied. A waiver of the right to be present may be implied when the defendant voluntarily [...]
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