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Trial sentencing without being present

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MassMa

Junior Member
What is the name of your state (only U.S. law)? Massachusetts

I was arrested for receiving stolen property 22 years ago. It went to trial but I never showed up for the last day of trial and they sentenced me without me being present.

Can a judge/jury reach a verdict and sentence me without me being there? Although my attorney was present, I got sentenced without being there.
Is this considered a mistrial?
Will I be eligible for a new trial?

I now have a warrant and I have been trying to get info on the situation to settle it, yet none of the courts have any digital records on the case. Everything was hand written and hard to find some of the files.:confused:
 


FlyingRon

Senior Member
Sounds like they had already reached a verdict. No you do not necessarily need to be there for sentencing. If your lawyer was there, that was probably sufficient. It's also possible that you were found guilty and the sentencing is still pending. You need a lawyer. This is not grounds for a mistrial or are you likely to get a new trial other than possibly sentencing.
 

tranquility

Senior Member
He does, in fact, have to be there for sentencing--at least modernly. I have no idea of the law 22 years ago.

Massachusetts Criminal Procedure Rule 18: Presence of Defendant
(a) Presence of Defendant. In any prosecution for crime the defendant shall be entitled to be present at all critical stages of the proceedings.

(1) Defendant absenting himself. If a defendant is present at the beginning of a trial and thereafter absents himself without cause or without leave of court, the trial may proceed to a conclusion in all respects except the imposition of sentence as though the defendant were still present.

(2) Waiver of Presence in Misdemeanor Cases. A person prosecuted for a misdemeanor may at his own request, with leave of court, be excused from attendance if represented by counsel or an agent authorized by law and may be excused from attendance without leave of court if so authorized by the General Laws.

(3) Presence Not Required. A defendant need not be present at a revision or revocation of sentence pursuant to rule 29 or at any proceeding where evidence is not to be taken.

(b) Presence of Corporation. A corporation may appear by a duly authorized agent for the purposes of this rule.
So, while the OP may have been found guilty, I don't think sentence has been passed. What happens now, I have no idea. I bet it may have something to do with http://lawlib.state.ma.us/source/mass/rules/criminal/crim28.html .
 

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