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Home / Opinion Digests / Criminal – Embezzlement – Presence At Trial (access required)

Criminal – Embezzlement – Presence At Trial (access required)

The Court of Appeals reverses defendant’s conviction of felony embezzlement because the trial court violated Va. Code § 19.2-259 when it proceeded to try defendant in his absence; the trial court held that defendant had waived his right to be present, when the most the commonwealth could establish is that defendant presumptively received counsel’s letter ...

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