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CCRP 832 - Continued presence not required

LA Code Crim Pro 832 (2018) (N/A)
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Art. 832. Continued presence not required

A. A defendant initially present for the commencement of trial shall not prevent the further progress of the trial, including the return of the verdict, and shall be considered to have waived his right to be present if his counsel is present or if the right to counsel has been waived and either of the following occur:

(1) He voluntarily absents himself after the trial has commenced, whether or not he has been informed by the court of his obligation to be present during the trial.

(2) After being warned by the court that disruptive conduct will cause him to be removed from the courtroom, he persists in conduct which justifies his exclusion from the courtroom.

B. Nothing in this Article prohibits the court, by local rule, from providing for a defendant's appearance at his arraignment, at the entry of his plea of guilty, or both, by simultaneous audio-visual transmission in accordance with the provisions of Articles 551 and 562, except when the defense counsel requests the defendant's appearance in open court. Any appearance made by way of simultaneous audio-visual transmission under applicable local rules of court in accordance with the provisions of Articles 551 and 562 shall not constitute absence for the purposes of this Article.

Acts 1990, No. 543, §1; Acts 1990, No. 593, §1; Acts 1997, No. 718, §1; Acts 2017, No. 406, §1.

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CCRP 832 - Continued presence not required