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Volaris

(11,793 posts) Tue Aug 26, 2025, 07:00 AM Aug 2025

Question for the lawyers: is it possible to try and convict someone in absentia, in the united states?

5 replies

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Question for the lawyers: is it possible to try and convict someone in absentia, in the united states? (Original Post) Volaris Aug 2025 OP

Ira Einhorn bluedigger Aug 2025 #1

Generally, if a defendent is not present at the beginning of the trial, they cannot be tried in absentia in the U.S. WhiskeyGrinder Aug 2025 #2

The one time I was picked for jury duty multigraincracker Aug 2025 #3

Ok thanks for the info Volaris Aug 2025 #4

I think this says "yes", it's possible, under certain conditions muriel_volestrangler Aug 2025 #5

bluedigger

(17,450 posts)

1. Ira Einhorn

Reply to Volaris (Original post)

Tue Aug 26, 2025, 07:26 AM

Aug 2025

He was eventually retried, but it did happen.

WhiskeyGrinder

(27,227 posts)

2. Generally, if a defendent is not present at the beginning of the trial, they cannot be tried in absentia in the U.S.

Reply to Volaris (Original post)

Tue Aug 26, 2025, 07:55 AM

Aug 2025

Einhorn (mentioned above) had been present as his arraignment before he fled the country. The Supreme Court has found that not being present violates due process, generally.

multigraincracker

(38,034 posts)

3. The one time I was picked for jury duty

Reply to Volaris (Original post)

Tue Aug 26, 2025, 08:10 AM

Aug 2025

the defendant didn't show up. Judge said "he will be at the next trial because he will remain in jail until that then".

Volaris

(11,793 posts)

4. Ok thanks for the info

Reply to Volaris (Original post)

Tue Aug 26, 2025, 09:42 AM

Aug 2025

muriel_volestrangler

(106,587 posts)

5. I think this says "yes", it's possible, under certain conditions

Reply to Volaris (Original post)

Tue Aug 26, 2025, 11:49 AM

Aug 2025

https://www.ojp.gov/ncjrs/virtual-library/abstracts/trial-absentia

(All caps, so I won't copy-and-paste here)

It says convictions for trials started after the defendant has voluntarily absented themselves, in Arizona, but they had been notified of the trial, have been upheld. From 1979.

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