977 Waiver -- Can my attorney appear for me in a California criminal case?

Criminal defense attorney Neil Shouse explains how an attorney can appear for a client in most misdemeanor cases using a 977 waiver.

A penal code 977 waiver, or 977 PC, is the California law that allows criminal defense attorneys to appear on their client's behalf, under certain circumstances. This allows the client to go to work or take care of their children, or whatever other tasks they need to accomplish, instead of attending court.

There are some exceptions to 977 waivers. For instance, they generally can only be used in misdemeanor cases. For most felony charges, the defendant must appear in court alongside their attorney. And even in misdemeanor cases, there are two types of crimes which normally require the defendant to appear. The first of those is domestic violence, which requires the defendant to appear for the arraignment and sentencing, in case the judge wishes to serve a restraining order against the accused. The second is for certain DUI cases, in which the judge may require the defendant to appear in court.

These are general guidelines, but judges have the authority to bend or change the rules, to allow either an attorney to appear for the client during a felony proceeding, or to force the defendant to appear in person for basic misdemeanor cases. But most of the time the above rules apply.

A lot of people fear that if they do not appear in person for their court appearance, that it will make them look bad to either the prosecutor, the judge, or maybe even the jury. However this is not normally the case. 977 waivers are used all the time for circumstances when it is difficult or inconvenient for a client to appear in person, and clients should not hesitate to ask an experienced criminal defense attorney about filing 977 waivers as often as is necessary.

More info at https://www.shouselaw.com/977-waivers

or call (888) 327-4652 for a free consultation.

If you or a loved one is charged with a crime we invite you to contact us at Shouse Law Group. We can provide a free consultation in office or by phone. We have local offices in Los Angeles, the San Fernando Valley, Pasadena, Long Beach, Orange County, Ventura, San Bernardino, Rancho Cucamonga, Riverside, San Diego, Sacramento, Oakland, San Francisco, San Jose and throughout California.

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