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

Hripsime Bagdasaryan

Hripsime Bagdasaryan's Answer

Criminal Lawglendale, USA8 years experience

Quick Answer

In California, a criminal defense attorney can appear in court without you for most misdemeanors, but generally, defendants must be present for felony court appearances unless specific conditions are met.

💡 Every situation is different. Speak with a lawyer to understand your specific options.

Key risks of waiting too long

Potential Risk

Risk of being ordered to appear by the judge in misdemeanor or felony cases.

Potential Risk

Potential loss of defense if unable to attend critical hearings.

Potential Risk

Failure to obtain a 977B waiver may require a defendant's appearance.

Potential Risk

Understanding the distinction between essential and non-essential hearings is crucial.

Full Transcript

Below is an AI-generated transcript of the video answer.

Can your criminal defense attorney go to court without you in California? So yes

and no. So in 90% of misdemeanor cases your criminal defense attorney can show

up to court without you without you being present and they appear on your

behalf under penal code section 977A. And I say 90% because in some cases the

judge can still order the defendant to be in court and that's discretionary

from the judge. So no attorney can circumvent the judge's order. In felony

cases 90% of the time you have to be present with your attorney at every

appearance for felony cases. However under penal code section 977B the court

does give authority to the attorney to appear on their clients behalf on 977B

matters and on the things that they can appear for you for include non-essential

hearings meaning maybe just to continue the case or things like that but you'd

still have to be present at arraignment still have to be present at dispo at

sentencing perhaps there's a restraining order so at the service of the

restraining order just a little bit more strict in felony land but as long as you

get a 977B waiver from your attorney and the judge allows your attorney to appear

on your behalf that can happen in felonies as well. So it just depends

classic lawyer answer but in most misdemeanors yes and in some felonies

also yes.