Evading Trial

When your client fails to show for trial, judges can conduct one in absentia, but they are obligated to ensure that statutory requirements are met before commencing, notes Charles Golaszewski in his March Illinois Bar Journal article, “Evading Trial.” Golaszewski states prosecutors and defense attorneys must be prepared to argue whether a trial in absentia is warranted in light of the statutory requirements and the circumstances of the case. But if the judge decides to start the trial without the defendant, both parties will need to adjust their trial strategies. While not ideal, trials in absentia are a way to resolve cases efficiently and honor the accused’s right to a speedy trial, even if the defendant chooses not to be there.

Read the March Illinois Bar Journal’s article, “Evading Trial”