re: my son just got 90 days for a .5 oz of weed

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PRESENCE OF ACCUSED AT TRIAL

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.

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Although the Sixth Amendment of the Constitution guarantees the right of a criminal defendant to be present at trial, this right may be waived. Ellis v. State, 267 S.C. 257, 260, 227 S.E.2d 304, 305 (1976); State v. Fairey, 374 S.C. 92, 99, 646 S.E.2d 445, 448 (Ct. App. 2007).

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The trial court must determine the defendant voluntarily waived his right to be present. Id. In addition, the trial court must make factual findings that the defendant (1) received notice of his right to be present; and (2) was warned that the trial would proceed in his absence upon his failure to attend. Id.

Notice of the term of court in which the defendant will be tried is sufficient to enable the defendant to make an effective waiver of his right to be present. Ellis, 267 S.C. at 261, 227 S.E.2d at 306. But if the record does not reveal evidence that the defendant was given notice of his trial, the resulting conviction in absentia cannot stand. State v. Jackson, 290 S.C. 435, 436, 351 S.E.2d 167, 167 (1986).

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