Warning: This article contains spoilers for The Lincoln Lawyer Season 3!
The legal concept, process by absentia, becomes central to The Lincoln Advocate Season 3’s finale, and it could create issues for Mickey Haller in Season 4. As a top-notch legal drama, the show incorporates numerous legal concepts and processes into the narrative. While the scripts make changes for dramatic impact, The Lincoln Advocate Shows attention to detail, representing the law and court in a more accurate way than most shows.
Outside of basic legal proceedings, the Netflix show incorporates many complex or less common legal concepts that can be difficult for the average individual to understand. A prime example of this is The Lincoln Advocate Season 3’s Cruz Waiver, which the prosecutors and court grant to Scott Glass. This part of California law becomes crucial to Andy’s character arc and subplot. Additionally, the last two episodes of the season explore trial in absentia, heavily influencing the ending.
The law explains: why a person can be tried in absentia in a criminal case
The rules regarding trial in absentia are strict
at the end of The Lincoln Advocate Season 3, the trial almost comes to a halt when an inmate, at the behest of De Marco and Bishop, stocks Julian La Cosse. They do this with the hope of getting a mistrial since Mickey is getting through to the jury. However, Mickey fights to continue, trying Julian in absentia. Trial in absentia is the process of trying a defendant without them being present. The legal concept is deeply controversial, with many people believing that trial by absentia is unconstitutional, defying the Sixth Amendment right to face a charge.
The Supreme Court of the United States ruled in Crosby v. United States That process in absentia cannot take place if a defendant is not present at the beginning of the process for this reason. It does not matter the truth of the witness. however, Smith man It is confirmed that a trial is only allowed to begin without a defendant if the defendant’s participation is completely voluntary. While Judge Regina Turner did not get the chance to rule on the mistrial before Mickey forged the waiver, it is likely that she would have granted a mistrial since injury and ill health are not considered voluntary absences.
California offers a waiver for defendants not to appear in court under CA Penal Code 977 PC, but they are almost always only available for misdemeanors. technically, A judge may accept a written waiver for a felony case, but only if it is executed in court and the defendant provides sufficient cause. Despite the fact that Julian did not execute the waiver in court, Judge Turner decides to allow the waiver that Mickey gives her, with Julian’s life partner, David, testifying that the signature is real. It is unclear whether this would be allowed in real life, but it seems unlikely.
Why Mickey wanted to continue the court case without Julian
Mickey knew how close he was to winning the case
When Julian is stabbed, Mickey fights especially hard to keep the process going. He immediately believes that someone set up the attack to make a mistake, which points to the idea that he is close to discovering the truth. He also knows that he was especially lucky with the judge and jury they have.
There is really low chance that he will get another trial with a judge who is friendly to the defense and jurors who would respond well.
Judge Turner was previously a public defender, making her more sympathetic to the defense than some judges. She may not have given Mickey everything he wanted during the trial, but she showed him compassion and shared many verses with him. There is really low chance that he will get another trial with a judge who is friendly to the defense and jurors who would respond well.
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In addition, the defense attorney put a lot of effort into building the conspiracy defense. The prosecution would also know the entire strategy of the defense, giving them time to come up with a new strategy. Although it is not directly stated, the attorney probably thought about DeMarco intimidating Trina Tricks into not testifying. With a mistrial, the corrupt DEA agent would have more time to testify. finally, The Lincoln Advocates main character knew that he probably could not win Julian’s case in a new trial.
How Mickey’s forged waiver could backfire on him in The Lincoln Lawyer Season 4
Mickey could get investigated because of the waiver
When Mickey hands over the forged waiver to Judge Turner, prosecutor William Forsythe suggests that the signature isn’t real because the hospital says Julian La Cosse is still in critical condition. However, David lies while testifying on the witness stand that the signature is real. This is apparently the end of the matter, and the wire is never questioned. The forged waiver could potentially come back into play The Lincoln Advocate Season 4.
Since Mickey was arrested for murder, prosecutors could look back on his last cases, leading someone to question the waiver again. alternatively, Forsythe could have reported his question to the bar. That would agree with The gods of guiltWhere Mickey is being investigated by the California bar regarding the waiver. The investigation would add extra pressure to the already tense situation of Mickey defending himself The Lincoln Advocate Season 4.
Sources: Crosby v. United States And Smith man