Topic: Trial for an accused who is on the run? (Read 9274 times)

AleeshaW · « **on:** April 10, 2009, 02:13:21 PM »

Hi! I'm new here, first post and all.

I have a character that has been on the run for a murder wrap for two years. Would they have had a trial for him? How would that go? Would they use a public defender?

Thanks for any help.

Aleesha

JIM DOHERTY · « **Reply #1 on:** April 11, 2009, 12:40:13 AM »

Aleesha,

Re your message below:

Quote from: AleeshaW on April 10, 2009, 02:13:21 PM

Hi! I'm new here, first post and all.

I have a character that has been on the run for a murder wrap for two years. Would they have had a trial for him? How would that go? Would they use a public defender?

Welcome to MWF. I think it's a great group. I hope you'll like it.

Regarding your question, in general, trials in absentia are not allowed in the United States or any other country whose law is based on British Common Law, since it is a violation of the common law principkle of audi alteram partem or "hear the other side."

There is an exception. If a trial, at which the defendant is present, has started, and the defendant books while the trial is in progress, than the trial can proceed to its conclusion without the defendant being present. In such a case, the defendant would, I suppose, be represented by private counsel if he'd retained private counsel, or by a public defender if he couldn't afford to hire his own lawyer.

Of course, you could always make it that your character escaped from custody after his or her trial (think the TV series or movie The Fugitive), in which case the whole question of a trial in absentia wouldn't even be an issue.