
Can Your Defence Lawyer Represent You Without Your Presence?
A client called the night before trial:
“I can’t come tomorrow. My lawyer will handle it, right?”
Then silence. Then panic.
Not every hearing allows your lawyer to act on your behalf.
In some situations, your personal presence is legally required, and if you don’t show up, the court may consider it obstruction of justice.
Searching for “can lawyer go instead of me,” “do I have to attend court,” or “trial without defendant”?
This article clearly explains when your lawyer can appear without you, and when you must be present in person.
📌 What You’ll Learn:
When your lawyer can act without you being there
When personal attendance is mandatory
How to request an excuse from court
What happens if you don’t show up without an excuse
👨⚖️ When Can a Lawyer Represent a Defendant Without Their Presence?
In most procedural steps, your lawyer can act for you if:
your personal presence isn’t legally required
you’ve signed a power of attorney
you’ve submitted an excuse that was accepted by the court
Examples where your presence is not required:
reviewing case files
attending non-public hearings
handling simple procedural matters
❌ When Must the Defendant Be Present?
Your own interrogation / questioning
Main trial hearing (in most cases)
Delivery of the verdict (in some cases)
Key legal decisions (like pleading guilty)
There are exceptions – in minor offences, courts may allow trial in absentia.
📬 How to Excuse Yourself from Court
You must:
send your excuse in advance (ideally by data box or registered mail)
explain the reason (e.g., medical certificate)
request postponement
⚠️ If you fail to appear without an excuse, the court may:
order police escort (warrant)
impose a fine
proceed in your absence (if allowed by law)
📌 Real Case Example
A client was abroad and missed their court date. The lawyer appeared and requested a postponement.
Since it was a less serious offence and the excuse was valid, the court granted the delay.
Without proper notice, the outcome could have been very different.
Not sure if you must attend court in person?
📞 Contact me – I’ll check your summons and help you resolve the situation properly.
🛡 Assuming “my lawyer will handle it” might be a critical mistake.
Contact a legal professional – I specialize in criminal law.
Learn more here.
- Publikováno:
- Naposledy aktualizováno: 03/07/2025
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Can Your Defence Lawyer Represent You Without Your Presence?
Print A client called the night before trial:“I can’t come tomorrow. My lawyer will handle it, right?”Then silence. Then panic. Not every hearing allows your