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My fiancee has a criminal case pending. on the clerk of courts web site in his register of actions it states "no action taken" which is then followed by a jury trial in which he was not present. What does this mean?

2006-08-21 05:54:02 · 2 answers · asked by Peace 1 in Politics & Government Law & Ethics

2 answers

You didn't give the case number, nor did you give enough information to really answer this.

In most states, with very, very few exceptions, its not possible to have a jury trial where the defendant is not present in a criminal proceeding. Its an axiom of American constitutional law (and I am presuming you are in the US) that the Defendant has the right to be present at all stages of the proceedings against him. Although in some minor cases (traffic, etc) a Defendant can waive the right to be present and appear only through counsel, in most cases the Defendant must be present as well.

I would suggest that he immediately contact his attorney. If he doesn't have an attorney, I suggest he obtain one. If he can't afford an attorney, he needs to contact the court and ask for one to be appointed to represent him. No one should stand in front of a court on a criminal matter, especially facing a jury trial, and represent themselves. If he needs an attorney and doesn't know one, contact your local or state bar association for a referral.

2006-08-21 06:18:17 · answer #1 · answered by Phil R 5 · 0 0

means postponed or dropped

2006-08-21 13:07:45 · answer #2 · answered by Anonymous · 0 0

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