Adult defendants represented by an attorney do not have to appear at trial as long as the prosecutor agrees.

• A. True
• B. False
• C. Only if the defendant is charged with a misdemeanor
• D. Only if the defense is present

Answer: (A)

The key idea is that a defendant’s presence at trial is a personal right, not something that can be granted away by the prosecutor. A defendant who is represented by counsel still has to be present in court for the proceedings, unless there is a valid and voluntary waiver of that right by the defendant and the court approves the waiver. The prosecutor’s agreement alone cannot authorize the defendant to skip appearing. The court must ensure that any waiver is knowing and voluntary, and the waiver is typically recognized only when the defendant has been properly advised and consents to proceeding in the defendant’s absence. Therefore, the general rule requires the defendant to appear, with a permissible exception only when a court accepts a valid waiver—prosecutor consent doesn’t suffice.