(a)Presence required. – The defendant shall be present at the arraignment, at the time of the plea, at every stage of the trial including the impaneling of the jury and the return of the verdict, and at the imposition of sentence, except as otherwise provided by this rule. (b)Continued presence not required. – The further progress of the trial to and including the return of the verdict shall not be prevented and the defendant shall be considered to have waived the right to be present whenever a defendant, initially present:
(1) Is voluntarily absent after the trial has commenced (whether or not the defendant has been informed by the court of the obligation to remain during the trial); or (2) After being warned by the court that disruptive conduct will cause his or her removal from the courtroom, persists in conduct which is such as to justify exclusion from the courtroom. (c) Presence not required. – A defendant need not be present in the following situations:
(1) A corporation may appear by counsel for all purposes. (2) In prosecutions for offenses punishable by fine or by imprisonment for not more than one year or both, the court, with the written consent of the defendant, may permit arraignment, plea, trial and imposition of sentence in the defendant’s absence. (3) At a conference or argument upon a technical question of law not depending upon facts within the personal knowledge of the defendant. (4) At a reduction of sentence under Rule 35.
W.Va. R. Crim. P. 43
Effective October 1, 1981; amended effective September 1, 1995.
