The existence of a person In a particular place at a given time, particularly with reference to some act done there and then. Besides actual presence, the law recognizes constructive presence, which latter, may be predicated of a person who, though not on the very spot, was near enough to be accounted present by the law, or who was actively cooperating with another who; was actually present.
PRESENCE
TheLaw.com Law Dictionary & Black's Law Dictionary 2nd Ed.