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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsQuestion for the lawyers: is it possible to try and convict someone in absentia, in the united states?
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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
bluedigger
(17,464 posts)1. Ira Einhorn
He was eventually retried, but it did happen.
WhiskeyGrinder
(27,340 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.
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
(38,278 posts)3. The one time I was picked for jury duty
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
(11,841 posts)4. Ok thanks for the info
muriel_volestrangler
(106,788 posts)5. I think this says "yes", it's possible, under certain conditions
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.
(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.