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8 GCA § 1.13

Presence of Defendant: When Mandatory, Permissive

Guam Code AnnotatedTitle 8 — Criminal Procedure
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(a)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 return of the verdict, and at the imposition of sentence, except as otherwise provided by this Section.

(b)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 his right to be present whenever he, initially present:

(1)Voluntarily absents himself after the trial has commenced (whether or not he has been informed by the court of his obligation to remain during the trial), or

(2)Engages in conduct which is such as to justify his being excluded from the courtroom.

(c)A defendant need not be present in the following situations:

(1)A corporation may appear by counsel for all purposes.

(2)In a prosecution for an offense not a felony, 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 question of law.

(4)At a reduction of sentence under § 120.46.

Reconstructed from the Guam Code Annotated. For the authoritative version, see the official PDF.