Do I Have to Go to Court With My Attorney?

LOS ANGELES CRIMINAL DEFENSE ATTORNEY AND DUI LAWYER

If you have been arrested, cited or charged with a crime, one of the main questions you might have for your attorney is:  

DO I HAVE TO GO TO COURT?

Often, an attorney can appear on your behalf, without it being necessary for you to ever set foot in the courtroom.  Other times, your appearance, with your attorney, may be necessary.  The main law concerning this topic is Penal Code Section 977.  There is no short, easy answer regarding whether you must appear in court with your lawyer, but this article attempts to explain the laws and practicalities of this issue.  For specific case questions, contact our office anytime for a free consultation.  213-375-3775.

977(a) - APPEARANCE BY ATTORNEY IN MISDEMEANOR AND INFRACTION CASES
Penal Code Section 977(a) pertains to misdemeanors and infractions, and is, in effect, an agreement between the client and defense counsel, to have the attorney stand in and appear on the client's behalf.  In traffic cases, this authority is broad, and counsel can almost always handle all portions of a case without the client ever needing to be present.  Even if there is a warrant for failure to appear, a lawyer can make the court appearances without the client being present.  Most traffic trial defenses can also be asserted by the attorney without client present.  If the client wishes to testify to facts that led to a traffic citation, the client must be present.  Additionally, for some red light camera tickets, the judge will require the defendant to be present if identity of the driver is at issue in the case; this in no way limits an attorney's ability to seek a dismissal of a red light camera ticket where there is a blurry photo, gender, race or age mismatch, or other glaring evidence that the driver is not the same person as the defendant (registered owner).

For misdemeanors, PC 977(a) also permits an attorney to make most appearances on behalf of the client.  This is convenient for clients who need not really be present at meaningless stages of a case.  For example, at arraignment, your attorney can enter the not guilty plea on your behalf, pick up the discovery (police reports and other evidence) and begin to prepare for your next court date.  If more evidence is needed, or the case must be continued for another reason, the client really would not need to be present at the court date seeking the continuance.  Misdemeanor 977 authority is not limitless, however.  In Domestic Violence cases, many judges will not accept an attorney's appearance at the arraignment, or at the plea.  This is due to the criminal protective orders that are typically issued in these cases.  The judge cannot order someone to do anything if that person is not there.  Additionally, defendants in a misdemeanor case must be present (i.e. cannot waive their presence) at trial.  In many cases, a defendant can avoid ever going to court.  If the case is dismissed early in the proceedings, the client need not appear.  If a favorable plea deal can be negotiated, the necessary court paperwork can usually be notarized and submitted to the court by the attorney at the court date.  Misdemeanor warrants depend on the judge.  Some will permit an attorney to appear on behalf of the client to clear the warrant, others will require the defendant be personally present.  

977(b) - APPEARANCE BY ATTORNEY IN FELONY CASES
Unlike misdemeanors and infractions, felony defendants are generally required to attend court with their attorneys.  The exception to this rule, is a written waiver, per Penal Code Section 977(b).  A defendant may miss a felony court appearance, and have the attorney stand in with a written waiver of presence, subject to approval by the judge.  This can help a client facing a felony avoid some of the less important court appearances.  A defendant would still need to be present at trial, at a preliminary hearing, or at a plea or sentencing.  However, missing some of the pretrial conferences or dates where the attorneys know will not require the defendant's presence can be helpful in allowing a defendant to avoid missing work or other obligations while fighting a case.

APPEARANCE BY ATTORNEY IN DOMESTIC VIOLENCE CASES
In Domestic Violence Misdemeanors, it is often required that the defendant be present at the first court date, the arraignment.  The reason for this is, that pending a disposition of most domestic violence cases, the court will issue a protective order.  The court cannot issue a protective order unless the defendant is present.  For this reason, it will most likely be necessary that a person charged with a domestic violence case, even if a misdemeanor, will need to be present, in court, for at least the first court appearance, the arraignment.

APPEARANCE BY ATTORNEY TO CLEAR A WARRANT
Clearing a warrant through your attorney, without being present is done frequently.  For infraction cases, an attorney will definitely be able to clear the warrant without the defendant needing to be present.  Felony Failures to Appear cannot be fulfilled without a personal appearance by the defendant.  Misdemeanors are tricky.  Legally, it is up to the judge.  Some factors that play into whether to permit a 977 appearance to clear a warrant include:
-defendant's distance from the court, and other reasons making travel to court difficult
-reason for the failure to appear in court
-time passed since the failure to appear
-the severity of the initial offense
-defendant's compliance with other obligations to the court

WHEN CAN AN ATTORNEY APPEAR ON MY BEHALF
-Virtually all traffic appearances
-Most misdemeanor arraignments and pretrials
-Some misdemeanor Failure to Appear / Warrant Recall
-Some felony appearances (with written waiver of presence)

WHEN CAN AN ATTORNEY NOT APPEAR ON MY BEHALF
-Most Felony Court Appearances, especially preliminary hearing and trial
-At trial, unless a traffic trial
-Failure to Appear on a Felony
-Failure to appear on some misdemeanors
-Domestic Violence Arraignment and/or Sentencing

PROUDLY SERVING CLIENTS THROUGHOUT SOUTHERN CALIFORNIA:
LA Superior Courts
Orange County Superior Courts
Ventura County Superior Courts
Riverside County Superior Courts
San Bernardino County Superior Courts
Santa Barbara County Superior Courts

Nicholas M. Loncar, Esq. 
Los Angeles Criminal Defense Attorney
t: 213-375-3775 | f: 213-375-3099
Mobile: 323-803-4352 
[email protected]
1200 Wilshire Blvd | Suite 406
Los Angeles, CA | 90017
www.iDefendLosAngeles.com

---