Does a defendant must appear in court regardless of how bad they act in the courtroom?

Question

Is a defendant is required to appear in court regardless despite being obnoxious, nasty, talks too much (more than enough to put his/her foot in his/her own mouth), refuses to shut up, being disrespectful, or just being out-of-control. Lets say it is absolutely clear he/she is NOT mentally crazy, and is just trying to (for example in their own mind) annoy the judge enough to have his/her case dismissed?

I'm sure these type of incidents in courts of all levels high and low have occurred once in a while.

Do these type tactics by defendants even work or just makes the defendant look even worse in front of the judge's (and jury's) decision?

Can the court proceed from start to finish WITHOUT the defendant present, but his/her defense attorney is there to represent them given his/her courtroom behavior?

Answer 1

Would you go in favor in the defendant if he acted this way.

If the plantiff did the actions, the case might be dismissed. If the defendent did it, the judge would give a contempt of court to the defendent and have you serve it immediately. The judge could require you to be in custody while the court is not in session and require you to wear a prison jump suit.

They can proceed with the defendent missing, but the defendent must be represented.

A court room is a negotiation table, you do everything you can to give the best impression. If you are like little children, the judge has the power to give justisfied retaliation. The judge gives both sides the same unbiased judgement unless there are circumstances that proves differently.

Answer 2

If the defendant appears in court and is a pain in the behind... he can be found in contempt of court and get additional fines or jail time (or if hes not in jail, he's going!)

In lower courts, such as traffic, the defense attorney can act on behalf of the defendant so the defendant does not nessicairly have to be present in the courtroom.

These types of defendants are annoying, and piss everyone in the courtroom off. Judges, and more intensly, Jury members. It is my experience that is the responsiblity of the Defense attorney to keep their client quiet.

Answer 3

Yes, a person with such behaviors can be held in contempt of Court and removed from the court room. If liberty is at stake, then have an attorney present to represent them on their behalf and may or may not be put into another room and watch the trial via CC television, or if a civil matter or any other matter where liberty is not at stake, such as a traffic ticket, that the Judge rule without their remaining testimony.

Answer 4

In the Chicago 8 trial, Bobby Seale was upset because the court refused a postponement. Seale's attorney was knocked down the night before the trial began with severe gall bladder-itis, resulting in emergency surgery. Judge Hoffman responded by having Seale bound and gagged in the courtroom. Of course, Bobby kept on making noise, so the judge severed the case, continued against the Chicago 7, and sent Bobby to jail for four years for contempt.

Everybody was either acquitted or got their convictions reversed, except Bill Kunstler, the lead defense counsel, whose contempt conviction stuck but the judge (not Hoffman) sentence Kunstler to a tongue lashing, which lasted for all of ten seconds.

The net effect today would likely be to eject the defendant, put him in a room with a video screen and a phone link to counsel, and, most likely, 6 months to a year for contempt of court.

Answer 5

One or all of three thing you can be sure will happen to that defendant;

1- His behavior will not get his case dismissed.

2- He will find himself in contempt of court and be fined for wasting the court's time.

3- His charges may even be increased, for example, disturbing the peace, and every event will incur another count, which will lengthen his sentence.

I have never heard of a lawyer defending a client who's not present.

Answer 6

He will be assessed costs and could even face jail time for doing so.

With respect to all courts (other than traffic tickets) a party to the matter must be present, either in person or by way of video conference if absolutely necessary.

If he has a lawyer he should keep his fool mouth shut.

A judge wouldn't dismiss the case in fact it would likely scew him toward the plaintiffs side.

Answer 7

There have been cases where the defendant has been kept from the courtroom but had video access to the proceedings so he could see what is going on...

And angering the judge with that behavior will not get the case dismissed. It will just annoy the person who may be deciding what will happen to you...

Answer 8

Its very simple. If one has a court date, one MUST appear. If not, the case will not only be ruled against him/her, but a bench warrant will be issued for failure to appear. So, YES, the hearing can occur without both parties, but the one who does not show will be ruled against (it will not occur with only the lawyer present - the defendant must be in attendance). And YES, unruly defendants are expected to attend. If the unruliness continues in the courtroom, he or she will simply be arrested and placed in jail for contempt. The courts dont concern themselves with such trifling issues.

Answer 9

no judge will allow anyone to be abusive in their court. The abuser is halted immediately first by words and then by removal, and therefore has no say in the outcome of his case. And in fact if they have to be removed then more time is added to their sentence. Juries don't tolerate abuse either, and yes it does look bad on the defendant.

Answer 10

Anyone who disprupts the court proceedings can be removed from the courtroom. The case goes on without them.