CA Penal Code 977 PC - Waiver of Defendant's Presence
California law allows many minor offenses to be resolved without appearing in person. Under California Penal Code Section 977, defendants can waive their court appearance in most misdemeanor sex cases.
By signing this waiver, you can appear "by counsel only" at most court appearances. This can help reduce the costs and stress of defending against a misdemeanor charge.
The law allows defendants to waive their presence in court for most misdemeanor proceedings, including the initial formal appearance known as the arraignment.
A waiver allows a defendant to forgo their personal court appearance and have their criminal defense attorney appear in their place. This option helps avoid taking time off work and can reduce stress, as your attorney handles the court appearance.
Some exceptions under Penal Code 977 PC allow defendants to waive their presence in misdemeanor cases. Specifically, they cannot waive their attendance in certain domestic violence cases.
For most felony cases—such as arraignment, preliminary hearings, and trials—defendants are required to appear in person. Our California sex crime lawyers are providing a more detailed review of this state law.
What Does PC 977 Say?
As noted, PC 977 permits defendants charged with specific misdemeanors to waive their right to attend court in person.
Instead, they can opt to appear "by counsel only," allowing their attorney to represent them during most court proceedings, such as the initial hearing, arraignment, plea, and sentencing.
PC 977 says, "(a)(1) In all cases in which the accused is charged with a misdemeanor only, they may appear by counsel only, except as provided in paragraphs (2) and (3). If the accused agrees, the initial court appearance, arraignment, and plea may be by video, as provided by subdivision (c)."
This waiver is grounded in the belief that defendants shouldn't face the inconvenience, costs, or potential income loss from attending court for minor offenses, and that having an attorney typically resolves most of these cases.
By signing, you formally give up your right to appear in court and allow your criminal defense lawyer to represent you.
What Are the Advantages?
- It saves time and travel by removing the requirement for out-of-state or distant defendants to undertake long journeys for hearings.
- It minimizes disruption to work schedules. The waiver eliminates the need to take time off for court, helping you avoid lost wages.
- It eases concerns about the costs. By steering clear of court and having your attorney manage everything, you might experience less stress and anxiety regarding your case.
- Another provision of PC 977 grants the court the authority to permit defendants who consent to it to appear through two-way video for specific parts or, in some instances, the entire proceedings, rather than being physically present in court.
Can a Waiver Be Applied to Felony Crimes?
In most cases, no. Under PC 977, individuals charged with a felony generally cannot waive their right to appear in court for most proceedings. Specifically, if you're facing a felony charge, you are required to attend in person for the following events:
- During your arraignment;
- To submit a formal plea;
- During the preliminary hearing;
- During a trial, when evidence is presented;
- During sentencing.
The court can grant an exception and allow a waiver for felony offenses in two cases.
First, if you sign a written waiver in court, the judge has the discretion to accept and approve it, provided you present a valid reason. Second, you might be allowed to attend specific hearings via video, if the court approves.
What If You Fail to Appear?
When submitting a waiver to avoid appearance, ensure it is approved, and both you and your attorney are aware of the court dates.
Failing to appear at a required court hearing, or if your attorney does not appear for you, can lead to charges of failing to appear under Penal Code 1320 PC or Penal Code 1320.5 PC.
If you face a misdemeanor charge, any additional charges would also be misdemeanors. Missing a court date on a felony results in an additional felony charge.
In California, you can be charged with failure to appear if you're charged or convicted of a crime, released from custody, and intentionally fail to show up in court to avoid court proceedings.
The penalties vary depending on whether the underlying offense is a misdemeanor or a felony.
If you face a misdemeanor charge and are thinking about waiving your appearance, contact our law firm to discuss your options and review the details. The Hedding Law Firm is based in Los Angeles, California.