» Entries tagged with "voluntary absence"

How It Really Works

Rule 9.1 of the Arizona Rules of Criminal Procedure seems pretty simple. It covers a defendant’s waiver of the right to be present in court and provides as follows: [A] defendant may waive the right to be present at any proceeding by voluntarily absenting himself or herself from it. The court may infer that an absence is voluntary if the defendant had personal notice of the time of the proceeding, the right to be present at it, and a warning that the proceeding would go forward in his or her absence should he or she fail to appear. Reading it like a reasonable person capable of understanding the English language and with even the slightest faculty when it comes to basic logic, the rule pretty obviously allows a court to infer … Read entire article »

Filed under: Arizona Cases

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