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Kansas Statutes Annotated

K.S.A. § 22-3405 (2026)

Presence of defendant

✓ current as of May 2026
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22-3405. Presence of defendant. (a) The defendant in a felony case shall be present at the arraignment, at every stage of the trial including the impaneling of the jury and the return of the verdict, and at the imposition of sentence, except as otherwise provided by law. In prosecutions for crimes not punishable by death or life without the possibility of parole, the defendant's voluntary absence after the trial has been commenced in such person's presence shall not prevent continuing the trial to and including the return of the verdict. A corporation may appear by counsel for all purposes.

(b) The defendant must be present, either personally or by counsel, at every stage of the trial of traffic infraction, cigarette or tobacco infraction and misdemeanor cases.

History: L. 1970, ch. 129, § 22-3405; L. 1984, ch. 39, § 41; L. 1996, ch. 214, § 33; L. 2014, ch. 114, § 6; July 1.

Notes of Decisions
Cited in 132 cases (13 in the last 5 years), 1977–2026 · leading case: State v. Bolze-Sann, 352 P.3d 511 (Kan. 2015).
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State v. Bolze-Sann, 352 P.3d 511 (Kan. 2015). · cites it 8× “6; K.S.A. 22-3405(1); K.S.A. 2014 Supp. 22-3405(a); see also United States v.”
City of Overland Park v. Barnett, 705 P.2d 564 (Kan. Ct. App. 1985). · cites it 28× “) K.S.A. 22-3405: "Presence of defendant...”
State v. Engelhardt, 119 P.3d 1148 (Kan. 2005). · cites it 4× “*122 K.S.A. 2004 Supp. 22-3405 states that a defendant in a felony case “shall be present .”
State v. Herbel, 299 P.3d 292 (Kan. 2013). · cites it 4× “905 (1999): “K.S.A. 1998 Supp. 22-3405, as well as the Sixth Amendment’s Confrontation Clause and the Due Process Clause of the Fourteenth Amendment, require a defendant’s presence at every critical stage of a trial.”
State v. Thurber, 420 P.3d 389 (Kan. 2018). · cites it 3× “In prosecutions for crimes not punishable by death , the defendant's voluntary absence after the trial has been commenced in such person's presence shall not prevent continuing the trial to and including the return of the verdict.”
State v. Garcia, 664 P.2d 1343 (Kan. 1983). · cites it 6× “The trial commenced on Wednesday, at which time the court found the appellant competent to stand trial, commenting that the appellant appeared “to be in much more presentable and .”
State v. Killings, 340 P.3d 1186 (Kan. 2015). · cites it 4× “915 (1970); K.S.A. 22-3405(1); State v. Bolton, 274 Kan.”
State v. Phillips, 210 P.3d 93 (Kan. 2009). · cites it 4× “The defendants in this consolidated appeal argue that imposing these fees in a journal entry of judgment without an oral announcement violates K.S.A. 22-3405 and K.S.A. 2008 Supp. 22-3424(a), which require felony criminal judgments to be rendered and sentences to be imposed in…”
State v. Martinez, 204 P.3d 601 (Kan. 2009). · cites it 3× “K.S.A. 22-3405(1) provides in relevant part: “The defendant in a felony case shall be present at the arraignment, at every stage of the trial including the impaneling of the jury and the return of the verdict, and at the imposition of sentence, except as otherwise provided by…”
State v. Sandstrom, 595 P.2d 324 (Kan. 1979). · cites it 5× “The defendant directs our attention to K.S.A. 22-3405, which governs the right of a defendant to be present at every stage of a trial in a felony case.”
State v. Wells, 290 P.3d 590 (Kan. 2012). · cites it 6× “915 (1970); K.S.A. 22-3405(1); State v. Bolton, 274 Kan.”
State v. King, 305 P.3d 641 (Kan. 2013). · cites it 2× “” On appeal, King argues his right under K.S.A. 22-3405 and the Sixth Amendment to the United States Constitution to be present during all critical stages of his trial was violated when the judge answered the question without his presence or, alternatively, a waiver of that…”
Show all 132 citing cases →
— K.S.A. § 22-3405(1) — 59 cases
State v. Thurber, 420 P.3d 389 (Kan. 2018). “In prosecutions for crimes not punishable by death , the defendant's voluntary absence after the trial has been commenced in such person's presence shall not prevent continuing the trial to and including the return of the verdict.”
State v. Engelhardt, 119 P.3d 1148 (Kan. 2005). “*122 K.S.A. 2004 Supp. 22-3405 states that a defendant in a felony case “shall be present .”
State v. Herbel, 299 P.3d 292 (Kan. 2013). “905 (1999): “K.S.A. 1998 Supp. 22-3405, as well as the Sixth Amendment’s Confrontation Clause and the Due Process Clause of the Fourteenth Amendment, require a defendant’s presence at every critical stage of a trial.”
State v. Killings, 340 P.3d 1186 (Kan. 2015). “915 (1970); K.S.A. 22-3405(1); State v. Bolton, 274 Kan.”
State v. Martinez, 204 P.3d 601 (Kan. 2009). “K.S.A. 22-3405(1) provides in relevant part: “The defendant in a felony case shall be present at the arraignment, at every stage of the trial including the impaneling of the jury and the return of the verdict, and at the imposition of sentence, except as otherwise provided by…”
— K.S.A. § 22-3405(2) — 2 cases
City of Overland Park v. Barnett, 705 P.2d 564 (Kan. Ct. App. 1985). “) K.S.A. 22-3405: "Presence of defendant...”
State v. Wilson, 808 P.2d 434 (Kan. Ct. App. 1991).
— K.S.A. § 22-3405(a) — 23 cases
State v. Bolze-Sann, 352 P.3d 511 (Kan. 2015). “6; K.S.A. 22-3405(1); K.S.A. 2014 Supp. 22-3405(a); see also United States v.”
State v. Lowery, 427 P.3d 865 (Kan. 2018).
State v. Gonzalez, 412 P.3d 968 (Kan. 2018).
State v. Walker, 421 P.3d 700 (Kan. 2018).
State v. Harrison, 467 P.3d 477 (Kan. 2020).
— K.S.A. § 22-3405(b) — 1 case
State v. Coleman (Kan. Ct. App. 2020).
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