SOUTH CAROLINA WILL TRY YOU IN YOUR ABSENCE

by Alex Kornfeld

Criminal LawAugust 18, 20170 comments 0 Likes

A REVIEW OF STATE V. STANLEY LAMAR WRAPP

What if I don’t show up? They can’t try me in my absence, can they? Maybe they’ll just forget about it? These are just some of the thoughts a defendant may have. The pressure of a criminal trial is immense. Your very freedom is at stake but not showing up for trial is not a good idea.
In this case review, Stanley Lamar Wrapp appeals his convictions for possession with intent to distribute cocaine base and driving under suspension. Wrapp argued he did not have proper notice of his trial date. The Court agreed with Wrapp so the case will be remanded for a new trial. It will not be dismissed and I can bet Wrapp’s counsel would have preferred if Wrapp appeared for trial.
The appeals Court ruled that in order to try a defendant! in his absence the Judge must rule that the Defendant received notice of his right to be present AND that the Defendant was warned he would be tried in his absence should he fail to attend.
In this case, the Court found there was no finding from the Court that Wrapp was informed that he could be tried in his absence.

!In a non-capital case.
Sources: http://www.sccourts.org/opinions/HTMLFiles/COA/5510.pdf