In municipal courts, defendants can waive the right to be present at trial and appear by counsel only if the prosecutor agrees.

• A. True
• B. False
• C. Only with court approval
• D. Only if the judge approves

Answer: (A)

Defendants in municipal courts can waive the right to be present at trial and be represented by counsel, but this only happens with the prosecutor’s agreement. Allowing the case to proceed in the defendant’s absence gives the state the assurance that the proceedings won’t be undermined by a missing defendant, while still protecting the defendant’s interests by having counsel present. The waiver must be knowing and voluntary, with the defendant understanding that they are giving up their presence at trial. The judge ensures the waiver is proper and the defense is involved, but the key gating factor is the prosecutor’s consent. Options that imply court or judge approval alone is enough don’t reflect that the prosecutor’s agreement is required.