Can My Criminal Lawyer Appear in Court Without Me in California?

In California, the ability of a criminal defense attorney to appear in court without the defendant present varies depending on the type of case—misdemeanor or felony. For misdemeanor cases, under Penal Code Section 977A, a criminal defense attorney can generally appear on behalf of the defendant without their presence in approximately 90 percent of cases. However, it is important to note that a judge has the discretion to require the defendant to be present in certain situations. No attorney can override a judge's order regarding attendance. In felony cases, the requirement for the defendant to be present is more stringent. Typically, defendants must attend all court appearances alongside their attorney. Nonetheless, Penal Code Section 977B does provide some flexibility. Under this section, attorneys may appear on behalf of their clients for specific non-essential hearings, such as requests to continue a case. However, defendants are still required to be present at critical stages, including arraignment, disposition, and sentencing. Additionally, in cases involving restraining orders, the defendant's presence may also be mandated. Ultimately, while there are circumstances under which an attorney can appear without the defendant in both misdemeanor and felony cases, the necessity for the defendant's presence is more pronounced in felony matters. The specific circumstances will depend on the case and the judge's rulings.