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Rule 4-231 – Presence of Defendant

May 13, 2021 | Criminal Prodcedure, Maryland

(a) When Presence Required. A defendant shall be present at all times when required by the court. A corporation may be present by counsel.
(b) Right to Be Present–Exceptions. A defendant is entitled to be physically present in person at a preliminary hearing and every stage of the trial, except (1) at a conference or argument on a question of law; (2) when a nolle prosequi or stet is entered pursuant to Rules 4-247 and 4-248.

Cross reference: Code, Criminal Procedure Article, § 11-303.

(c) Waiver of Right to Be Present. The right to be present under section (b) of this Rule is waived by a defendant:

(1) who is voluntarily absent after the proceeding has commenced, whether or not informed by the court of the right to remain; or
(2) who engages in conduct that justifies exclusion from the courtroom; or
(3) who, personally or through counsel, agrees to or acquiesces in being absent.
(d) Video Conferencing in District Court. In the District Court, if the Chief Judge of the District Court has approved the use of video conferencing in the county, a judicial officer may conduct an initial appearance under Rule 4-213(a) or a review of the commissioner’s pretrial release determination under Rule 4-216.1 with the defendant and the judicial officer at different locations, provided that:

(1) the defendant’s right to counsel under Rules 4-213.1 and 4-216.1 is not infringed;
(2) the video conferencing procedure and technology are approved by the Chief Judge of the District Court for use in the county; and
(3) immediately after the proceeding, all documents that are not a part of the District Court file and that would be a part of the file if the proceeding had been conducted face-to-face shall be electronically transmitted or hand-delivered to the District Court.

Md. Crim. Causes. 4-231

Sections (a), (b), and (c) of this Rule are derived from former Rule 724 and M.D.R. 724. Section (d) is new.

Adopted April 6, 1984, eff. July 1, 1984. Amended June 7, 1994, eff. Oct. 1, 1994; Jan. 20, 1999, eff. July 1, 1999; May 9, 2000, eff. July 1, 2000; Oct. 31, 2002, eff. Jan. 1, 2003; Nov. 12, 2003, eff. Jan. 1, 2004; Nov. 8, 2005, eff. Jan. 1, 2006; June 11, 2012, eff. June 12, 2012; May 27, 2014, eff. July 1, 2014.

HISTORICAL NOTES

2000 Orders

The May 9, 2000, order amended the cross reference following section (b).

2002 Orders

The October 31, 2002, order, amended the cross reference following section (b).

2003 Orders

The November 12, 2003, in section (d), substituted “Rule 4-216 (f)” for “Rule 4-216 (g)” in two locations.

2005 Orders

The November 8, 2005, order rewrote section (b), which previously read:

“(b) Right to be Present–Exceptions. A defendant is entitled to be present at a preliminary hearing and every stage of the trial, except (1) at a conference or argument on a question of law; (2) when a nolle prosequi or stet is entered pursuant to Rules 4-247 and 4-248; or (3) at a reduction of sentence pursuant to Rules 4-344 and 4-345.”

2012 Orders

The June 11, 2012, order added subsection (d)(1) referencing a defendant’s right to counsel under Rule 4-216(e) and Rule 4-216.1(a), and made stylistic changes.

2014 Orders

The May 27, 2014 order corrected internal cross references within the rule and deleted (d)(4) and the last sentence of the Committee note which formerly read:

“(4) if the initial appearance under Rule 4-213 is conducted by video conferencing, the review under Rule 4-216.1(a) shall not be conducted by video conferencing.

“Committee note: Except when specifically covered by this Rule, the matter of presence of the defendant during any stage of the proceeding is left to case law and the Rule is not intended to exhaust all situations. By the addition of section (d) to the Rule, the Committee intends no interference concerning the use of video conferencing in other contexts.”

Committee note: Except when specifically covered by this Rule, the matter of presence of the defendant during any stage of the proceedings is left to case law and the Rule is not intended to exhaust all situations.

Code, Criminal Procedure Article, § 11-303.