Warning: This article contains spoilers for Season 3 of The Lincoln Lawyer!
The legal concept, judgment in absentia, becomes central to Lincoln’s lawyer the season 3 finale and could create problems for Mickey Haller in season 4. As a high-profile legal drama, the show incorporates various legal concepts and processes into the narrative. Although scripts make changes for dramatic impact, Lincoln’s lawyer shows attention to detail, representing the law and court in a more accurate way than most programs.
Outside of basic legal procedures, the Netflix show incorporates many complex or less common legal concepts that may be difficult for the average individual to understand. An excellent example of this is Lincoln’s lawyer Cruz Waiver from Season 3, which prosecutors and the court grant to Scott Glass. This part of California law becomes crucial to Andy’s character arc and subplot. Furthermore, the last two episodes of the season explore the trial in absentia, heavily influencing the ending.
The law explained: why a person can be tried in absentia in a criminal case
The rules surrounding trial in absentia are strict
At the end of Lincoln’s lawyer In the third season, the trial is almost interrupted when an inmate, at the behest of De Marco and Bishop, stabs Julian La Cosse. They do this in hopes of a mistrial since Mickey is coming to the jury. However, Mickey struggles to continue, judging Julian by default. Trial in absentia is the process of trying a defendant without their presence. The legal concept is deeply controversial, with many individuals believing that trial in absentia is unconstitutional, challenging the Sixth Amendment right to face an accuser.
The United States Supreme Court ruled in Crosby v. United States that a trial in absentia cannot take place if the defendant is not present at the start of the trial for this reason. The veracity of the evidence doesn’t matter. However, Smith v. confirmed that a trial can only continue without a defendant when the defendant’s absence is entirely voluntary. Although Judge Regina Turner did not have the chance to rule on a mistrial before Mickey faked the resignation, it is likely that she would have granted a mistrial since injuries and health issues are not considered voluntary absences.
California offers an exemption for defendants from appearing 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 enforced in court and the defendant provides sufficient reasons. Despite Julian not executing 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’s 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 especially struggles to keep the trial moving forward. He immediately believes that someone planned the attack to mistrial, which points to the idea that he is close to discovering the truth. He also knows he was especially lucky with the judge and jury they have.
There is a very low chance he will get another trial with a judge who is friendly to the defense and with jurors who are responsive.
Judge Turner was previously a public defender, which makes 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 leniency and sided with him in many decisions. There is a very low chance he will get another trial with a judge who is friendly to the defense and with jurors who are responsive.
Furthermore, the defense attorney put a lot of effort into building the conspiracy defense. The prosecution would also know the entire defense strategy, giving them time to devise a new strategy. Although it is not directly stated, the lawyer probably thought of De Marco intimidating Trina Trixxx into not testifying. With a mistrial, the corrupt DEA agent would have more time to influence witnesses. Ultimately, Lincoln’s lawyerThe main character knew he probably wouldn’t be able to win Julian’s case in a new trial.
How Mickey’s Forged Resignation Could Backfire on Him in The Lincoln Lawyer Season 4
Mickey may be investigated because of the exemption
When Mickey delivers the forged resignation to Judge Turner, prosecutor William Forsythe suggests that the signature is not 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 resignation will never again be questioned. The forged waiver could potentially come back into play in Lincoln’s lawyer season 4.
Since Mickey is being arrested for murder, prosecutors could look into his recent cases, leading someone to question the resignation again. Alternatively, Forsythe could have reported his question to the Bar. This would match The Gods of Guiltwhere Mickey is investigated by the California Bar regarding the resignation. The investigation would add extra stress to the already tense situation of Mickey defending himself in Lincoln’s lawyer season 4.
Sources: Crosby v. United States and Smith v.