No, and usually they are not. Also: It is not an indictment "hearing," it is an indictment presentment to the Grand Jury.
That can only be answered by the presiding judge in the case. The defendant's attorney would have to ask the judge's permission for the defendant's absence. As a practical matter, this is likely only to be granted during pre-trial proceedings. For the trial, the defendant is required to be present.
Yes. By law they are required to be present during the court proceedings.
If a defendant is not allowed in court, it typically means they have been excluded from proceedings due to legal reasons, such as a violation of courtroom conduct or if they pose a threat to the proceedings. In some cases, a defendant may be removed for disruptive behavior or may choose to waive their right to be present during certain hearings. Additionally, if a defendant is found incompetent to stand trial, they may be barred from participating in their own defense until competency is restored.
The judge had singled out the defendant to address during the court proceedings.
Yes, it is possible to take a plea deal during trial proceedings. This involves the defendant agreeing to plead guilty to a lesser charge in exchange for a more lenient sentence.
A defendant is often required to put their hands behind their back in arraignment court to ensure the safety of all individuals present, including the judge, court staff, and other defendants. This posture helps prevent any potential physical threats or disruptions during the proceedings. It is also a standard procedure to maintain order and control in the courtroom environment.
The defendant sits in the dock in a courtroom. It is the enclosed space where the person on trial stands or sits during court proceedings.
A notice of intention to defend is a formal document filed by a defendant in response to a legal claim or lawsuit, indicating their intention to contest the allegations made against them. This notice serves to inform the court and the plaintiff that the defendant will be actively defending their case. It typically outlines the defendant's intention to present arguments, evidence, or legal defenses during the proceedings. Filing this notice is often a crucial step in ensuring that the defendant's rights are protected and that they can participate fully in the legal process.
"Defendant's appearance waived" means that the defendant is not required to be present in court for a particular hearing or proceeding. This can occur in various legal contexts, such as during arraignments or pre-trial motions, where the defendant's attorney can represent them instead. Waiving appearance can streamline the process and save time for both the court and the parties involved. However, the defendant typically must agree to this waiver.
In court proceedings, "MI" typically stands for "Mitigating Information." This refers to evidence or circumstances that may lessen the severity of a defendant's actions or the potential sentence. Mitigating information can include factors such as a defendant's background, mental health issues, or circumstances surrounding the offense. It is often presented during sentencing to advocate for a more lenient outcome.
In superior court, "Deft Refused Ct" typically indicates that the defendant (Deft) has refused to accept a court offer or plea deal. This refusal may pertain to a plea bargain or other court arrangements made during pre-trial proceedings. The notation helps track the defendant's decisions regarding their case and can influence future court proceedings.
The party that accuses the defendant is typically referred to as the prosecution in criminal cases, which represents the government or the state. In civil cases, the accuser is known as the plaintiff, who brings the lawsuit against the defendant. Both parties present their evidence and arguments to support their claims during the trial.