Can the Case Go Forward Without the Defense Lawyer?
Whether a case can go forward without a defense lawyer depends on a number of factors, including the type of trial, the particular situation and the court.
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Constitutional Rights
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It is common knowledge that the United States Constitution offers the right to a lawyer. The right to an attorney is guaranteed by the Fifth and Sixth amendments, which have been interpreted as the requirement of the state to provide an attorney if needed. This right, however, is actually limited and does not extend to every defendant in every type of case.
Civil Trials
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The most important thing in determining whether a trial can proceed without a defense attorney is what kind of case it is. Most jurisdictions do not guarantee, provide or require defense counsel for civil litigation, so if someone is being sued, they do not have a right to a lawyer. A court, however, may postpone proceedings if a defendant does not have adequate counsel and give the defendant more time to acquire a lawyer, but it is at the court's discretion to do so.
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Criminal Trials
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Criminal defendants have a right to legal counsel, but this right does not extend to some trials. Many jurisdictions also do not provide -- and the Supreme Court does not guarantee -- attorneys for criminal matters where there is no possibility of a jail term or other significant punishment. Few, if any, jurisdictions would require an attorney to be present at a traffic hearing when the maximum penalty is $100.
Court's Discretion
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The court has final say in whether any trial can proceed given the absence of a defense attorney. Any defendant in any case can motion for a continuance and delay the trial until they can obtain adequate representation.
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References
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