The legal concept, trial by absentia, becomes central to The Lincoln Lawyer season 3’s ending, 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 Lawyer shows attention to detail, representing the law and court in a more accurate way than most shows.

Outside the basic law 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 Lawyer 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 Explained: Why A Person Might Be Tried In Absentia In A Criminal Case

The Rules Around Trial In Absentia Are Strict

At the end of The Lincoln Lawyer season 3, the trial nearly comes to a halt when an inmate, at the behest of De Marco and Bishop, stabs 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 present. The legal concept is deeply controversial, with many individuals believing that trial by absentia is unconstitutional, defying the sixth amendment right to face an accuser.

The Supreme Court of the United States ruled in Crosby v. United States that trial in absentia cannot occur if a defendant isn’t present at the start of the trial for this reason. It doesn’t matter the veracity of the evidence. However, Smith v. Mann confirmed that a trial is only allowed to continue without a defendant when the defendant’s absence is entirely voluntary. While Judge Regina Turner didn’t get the chance to rule on the mistrial before Mickey forged the waiver, it’s likely she would have granted a mistrial since injury and ill-health aren’t considered voluntary absences.

California offers a waiver for defendants to not appear in court under CA Penal Code 977 PC, but they are almost always only available for misdemeanors. Technically, a judge can accept a written waiver for a felony case, but only if it’s executed in court and the defendant gives sufficient reason. 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 gets stabbed, Mickey fights especially hard to keep the trial going. He immediately believes that someone set up the attack to cause a mistrial, which points to the idea that he’s close to uncovering the truth. He also knows that he’s been especially lucky with the judge and jury they have.

There’s a really low chance of him getting another trial with a judge who’s friendly to the defense and jurors who would respond well.

Judge Turner was previously a public defender, making her more compassionate to the defense than some judges. She might not have given Mickey everything he wanted during the trial, but she showed him leniency and sided with him on many rulings. There’s a really low chance of him getting another trial with a judge who’s friendly to the defense and jurors who would respond well.

Additionally, the defense attorney had put in a lot of effort to build up the conspiracy defense. The prosecution would also know the defense’s entire strategy, giving them time to come up with a new strategy. While it’s not directly stated, the attorney probably thought about De Marco intimidating Trina Trixxx into not testifying. With a mistrial, the corrupt DEA agent would have more time to sway witnesses. Ultimately, The Lincoln Lawyer‘s main character knew that he likely couldn’t 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 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 seemingly the end of the matter, and the waiver is never questioned again. The forged waiver could potentially come back into play in The Lincoln Lawyer season 4.

Since Mickey is being arrested for murder, prosecutors could look back into his recent cases, leading someone to question the waiver again. Alternatively, Forsythe could have reported his question to the Bar. This would match up with The Gods of Guilt, where Mickey is investigated by the California Bar about the waiver. The investigation would add extra stress to the already tense situation of Mickey defending himself in The Lincoln Lawyer season 4.