Rule 16 – Presence of Accused at Trial

May 14, 2021 | Criminal Procedure, South Carolina

Except in cases wherein capital punishment is a permissible sentence, a person indicted for misdemeanors and/or felonies may voluntarily waive his right to be present and may be tried in his absence upon a finding by the court that such person has received notice of his right to be present and that a warning was given that the trial would proceed in his absence upon a failure to attend the court.

S.c. R. Crim. P. 16

Rule 16 is the language of Criminal Practice Rule 3.