Legal Definitions - presence

Definition: The state or fact of being in a particular place and time. It can also refer to close physical proximity coupled with awareness.

• His presence at the meeting was required.
• The teacher's presence in the classroom helped the students focus.
• The presence of police officers made the crowd feel safer.

The examples illustrate how presence refers to being physically present in a particular place and time. It can also refer to being aware of one's surroundings while being physically close to someone or something.

Definition: In criminal law, constructive presence is the legal imputation of having been at a crime scene, based on having been close enough to the scene to have aided and abetted the crime's commission. In wills and estates, it refers to the legal imputation of a witness's having been in the room when a will was signed, based on the fact that the testator and the witness were able to see each other at the time of the signing.

For example, if someone is found guilty of a crime but claims they were not present at the scene, constructive presence may be used to prove their involvement. In wills and estates, constructive presence may be used to determine the validity of a witness's testimony.