Can You Be Convicted If You Don't Show Up to Court?
You have a fundamental right to be present at your trial. However, this right is not absolute. If you are absent from court without a valid reason, the law allows the trial to proceed without you—a process known as trial in absentia.
The Standard: "Absence Without Cause"
Under Pennsylvania Rule of Criminal Procedure 602(a), a trial court can proceed with a trial, return a verdict, and even impose a sentence if a defendant is absent "without cause".
To move forward without you, the Commonwealth (the prosecution) must prove two things by a "preponderance of the evidence":
Notice: You were aware of the charges and the specific trial date.
Willfulness: Your absence was voluntary and not due to circumstances beyond your control.
If you are unaware of your trial date or are physically unable to attend (for example, if you are hospitalized), you may not be considered absent "without cause," and the trial may not proceed.
When the Court Can Proceed Without You
Pennsylvania courts have a great deal of discretion in these situations. They often decide to go forward with a trial if a defendant appears to be intentionally avoiding the law. For example, trials in absentia have been upheld in cases where:
Commonwealth v. King: A defendant failed to appear for trial four different times.
Commonwealth v. Johnson: A defendant signed a subpoena but then removed their electronic monitoring device and disappeared.
Commonwealth v. Bond: A defendant was present in the courtroom before the trial started but left without explanation and couldn't be found.
Commonwealth v. Sullens: A defendant was granted permission to attend a funeral but then "absconded" and never returned.
Protecting Your Rights: When the Court Goes Too Far
Because the right to be present at all phases of criminal proceedings is so important, appellate courts in Pennsylvania will step in if a trial judge moves too quickly to hold a trial in a defendant's absence.
In the Patano Case: A conviction was vacated because the defendant’s lawyer explained that there had been a death in the defendant's family that weekend. Even though the prosecution didn't object to a continuance, the trial court held the trial anyway, in the Defendant’s absence. The Superior Court ruled this was an error because the defendant had a reasonable explanation for his absence and because the Commonwealth did not object to defense counsel’s request for a continuance.
In the DeCosta Case: A conviction was reversed because the defendant was hospitalized during the end of his trial. The trial judge was suspicious that the hospitalization was a suicide attempt and proceeded without him, but the Superior Court ruled that suspicion is not enough to proceed to trial without the Defendant present.
The Prout Case: An in absentia conviction was reversed when a defendant was simply a few minutes late returning from a short recess. The court made no effort to find out where the defendant was before moving forward.
Why Showing Up Matters
While the court has the power to try you in your absence, doing so is often a last resort. Judges must weigh the pros and cons of going forward without you present.
If you or a loved one are facing criminal charges, it is vital to keep in close contact with your attorney and stay up to date on every single listing. Missing a trial date without a very good, documented reason could result in a conviction before you even have a chance to tell your side of the story.
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