Adult defendants with counsel must appear at trial.

• A. True
• B. False
• C. Only if the jury is involved
• D. Only if the charge is a felony

Answer: (B)

The important idea here is that a defendant’s presence at trial is a fundamental right, but it isn’t an absolute requirement in every situation. In practice, a trial is usually conducted with the defendant present, so the jury can hear their testimony, face potential cross-examination, and participate in the proceedings. However, the right to be physically present can be waived by the defendant. If the defendant knowingly and voluntarily waives the right to be present, the court may proceed without the defendant in the courtroom, with the defendant still being represented by counsel. Additionally, courts can sometimes allow remote appearance or other arrangements if authorized by law. Because there are valid, permissible reasons for a defendant to be absent, the statement that adult defendants with counsel must appear at trial isn’t universally true.