Do I need to Go to Court in Person?Can my attorney go without me? A California Legal Analysis

What determines when I need to come to court in person in California?

There are several laws that affect whether or not someone has to be in court in person or whether their attorney can represent them in absentia. The general rule is that for most misdemeanors, attorneys in California can usually appear for their clients, but for felonies the defendants need to be present. However, there are some specific rules and exceptions, notably in Penal Code Sections 977 and 1043, that are worth looking at. In order to effectively analyze the interplay between California Penal Code Section 1043 and Section 977, you must first understand their individual mandates and then examine how they can either complement or diverge from each other in practice.

Presence of Defendant for Trial California Penal Code Section 1043

General Rule

According to California Penal Code Section 977 and Section 1043, the general principle is that the defendant must be present at the trial. This requirement is rooted in the importance of ensuring a fair trial, where the defendant has the opportunity to confront and cross-examine witnesses. However, there are some exceptions depending on the type of charge and the stage of the proceedings, so you need to do a little more digging to see which applies to you. Of course if this gets confusing, feel free to call the experts at Gomez, Radford, & Rome. The attorneys at this Los Angeles Criminal Defense law firm all have the experience and knowledge to get you on the right track.

Exceptions to the General Rule

As mentioned above, there are specific circumstances under which a defendant’s presence can be waived, either voluntarily or involuntarily. The statute delineates these scenarios as follows:

Voluntary Absence: If a defendant, after being initially present at the trial (either in person or through representation by counsel), voluntarily absents themselves, the trial may proceed in their absence as though they were present (Section 1043(b)(2)).
Felony Cases: In felony cases, the presence of the defendant is generally required during critical stages of the trial, especially for the presentation of evidence and the imposition of sentence. However, exceptions are made for situations where the defendant has engaged in misconduct or has voluntarily absented themselves after the trial has commenced (Section 1043(b)).
Misdemeanor Cases: For misdemeanors, the law allows for more flexibility. An attorney can appear on behalf of the defendant without the defendant being physically present, under certain conditions. This provision facilitates the legal process in less serious cases, where the personal presence of the defendant might not be as crucial to the proceedings (Section 1043(b)(3)).

Specific Circumstances Allowing Attorney Appearance without Defendant

Pre-trial Proceedings: In some cases, the defendant’s presence is not required during pre-trial proceedings, and an attorney can represent the defendant.
Sentencing in Absentia: In certain scenarios, sentencing can occur in the defendant’s absence, especially if they were present for the trial but absented themselves before sentencing.

Application and Implications

This structure ensures a balance between the efficient administration of justice and the rights of the defendant. The requirement of the defendant’s presence at critical stages of the trial underscores the importance of the defendant’s right to a fair trial and the opportunity to be heard. Conversely, allowing for representation by counsel without the defendant’s presence in specific instances recognizes the practicalities of legal proceedings and the varying degrees of severity associated with different charges.

California Penal Code Section 977 – Appearance by Defendant, Other Than Trial

Overview

California Penal Code Section 977 articulates the circumstances under which a defendant is required to appear in person in court and when they may be represented by an attorney without needing to be physically present. This section is crucial for delineating the procedural requirements for defendants in criminal proceedings, ensuring their rights are protected while accommodating the practical aspects of court appearances.

Key Provisions

Misdemeanor Offenses:
- Subsection (a): In most misdemeanor cases, the defendant may not need to be present in court if they are represented by counsel. This includes most stages of the legal proceedings, except in cases where the court specifically mandates the defendant’s presence for particular reasons, such as when the charges involve domestic violence, violations of protective orders, or when sentencing requires the defendant’s presence.
Felony Offenses:
- Subsection (b): For felony charges, the law generally requires the defendant to appear in person at all critical stages of the proceedings, including arraignment, plea, preliminary hearing, and sentencing. However, under certain conditions, the defendant may be permitted to waive their right to be present, provided this waiver is made in writing and filed with the court, and the court consents to this waiver. This waiver is not universally applicable and is subject to the court’s discretion and the nature of the legal proceedings.

Exceptions and Special Circumstances

The statute acknowledges special circumstances under which the presence requirement can be relaxed for felony charges, emphasizing the court’s role in determining when a defendant’s physical presence is indispensable.
For misdemeanors, the statute provides a broader scope for the defendant to be absent, reflecting a balance between the seriousness of the offense and the practicality of requiring in-person appearances for lesser charges.

Application and Implications

This statute plays a critical role in managing court proceedings by establishing clear guidelines for when defendants must be present and when they can be represented by counsel. It reflects a judicial balancing act between ensuring the defendant’s rights to a fair trial and the efficient administration of justice.

Comparison and Interaction

Scope of Application: The fundamental difference lies in their scope; Section 1043 is broader, applying to all criminal trials with a focus on the trial phase, whereas Section 977 is specifically tailored to the arrangement of pleas in misdemeanor (and some felony) cases.
Defendant’s Presence at Trial vs. Plea: Section 1043 establishes a general requirement for the defendant’s presence at trial, with allowances for absence under certain conditions. In contrast, Section 977 explicitly allows for the defendant’s absence during plea proceedings in misdemeanors, provided the court has not ordered otherwise, illustrating a more lenient stance on presence requirements at the pre-trial stage.
Judicial Discretion: Both sections afford the court considerable discretion. Under Section 1043, the court can decide to proceed with the trial in the defendant’s absence if conditions are met. Similarly, Section 977 allows the court to mandate the defendant’s presence if it deems necessary, highlighting the court’s authority to tailor proceedings based on the specifics of each case.

Interaction

The interaction between these sections is a testament to the penal code’s complexity and the difficulty of navigating criminal defense without an experienced attorney. While Section 1043 outlines the general principle requiring the defendant’s presence at trial, Section 977 complements it by providing specific allowances for the defendant to be represented by counsel without being physically present during misdemeanor plea proceedings. This distinction recognizes the varying degrees of severity and procedural requirements between trial and pre-trial stages, as well as between misdemeanor and felony cases.

In practice, these sections operate in concert to ensure that the judicial process is both efficient and fair, safeguarding the defendant’s rights while also accommodating the logistical and practical needs of the court system. They exemplify the legal framework’s capacity to balance the principles of justice with the realities of legal administration.

Hypothetical Situation:

If a defendant is charged in a misdemeanor domestic violence case and does not want to appear at trial, can their attorney do the trial in absentia, or in other words, without their personal presence? Let’s explore that.

In the context of a misdemeanor domestic violence case in California, the defendant’s ability to have their trial conducted in absentia, meaning without their personal presence and solely through representation by an attorney, requires careful consideration of both California Penal Code Section 977 and Section 1043.

Relevant Statutory Provisions

California Penal Code Section 977 allows defendants in misdemeanor cases to be represented by counsel and not appear personally in court, except where the court orders otherwise. This provision generally facilitates legal representation without the defendant’s physical presence for various procedural matters, including some stages of the trial process. However, the statute grants the court the discretion to require the defendant’s presence for specific reasons, such as entering a plea or for sentencing, or if the court deems it necessary for justice.
California Penal Code Section 1043 establishes that the defendant must be present at the trial unless specific exceptions apply, such as the defendant voluntarily absents themselves after the trial has commenced or in cases of disruptive behavior where the court has taken measures to ensure the trial can proceed fairly without the defendant’s presence.

See the specific sections below, as they are crucial in making the determination:

(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, plea, and all other proceedings, except jury and court trials, may be conducted remotely through the use of technology, as provided by subdivision (c).

(2) If the accused is charged with a misdemeanor offense involving domestic violence, as defined in Section 6211 of the Family Code, or a misdemeanor violation of Section 273.6, the accused shall be present for arraignment and sentencing, and at any time during the proceedings when ordered by the court for the purpose of being informed of the conditions of a protective order issued pursuant to Section 136.2.
Penal Code Section 977

(e) If the defendant in a misdemeanor case fails to appear in person at the time set for trial or during the course of trial, the court shall proceed with the trial, unless good cause for a continuance exists, if the defendant has authorized their counsel to proceed in their absence pursuant to subdivision (a) of Section 977.

If there is no authorization pursuant to subdivision (a) of Section 977 and if the defendant fails to appear in person at the time set for trial or during the course of trial, the court, in its discretion, may do one or more of the following, as it deems appropriate:
(1) Continue the matter.
(2) Order bail forfeited or revoke release on the defendant’s own recognizance.
(3) Issue a bench warrant.
(4)(A) If the defendant is in custody, proceed with the trial in the defendant’s absence as authorized in subdivision (f).
(B) If the defendant is out of custody, proceed with the trial if the court finds the defendant has absented themselves voluntarily with full knowledge that the trial is to be held or is being held.
Penal Code Section 1043

Application to Misdemeanor Domestic Violence Cases

In conclusion: If a defendant is charged in a misdemeanor domestic violence case and does not want to appear at trial, an attorney should have 977 authority to represent the client (except when their presence is required for the purpose of serving a protective order, or for sentencing). Penal Code 1043(e) provides that a judge should proceed with trial as long as the defendant has given their attorneys authority to represent them under section 977. Therefore, the attorneys SHOULD be able to appear for their clients if they have 977 authority and proceed to trial in absentia unless some other good cause exists to delay. With that said however there may be special circumstances that warrant a different decision by the judicial officer.

Hire Gomez, Radford, & Rome if you have a criminal case and need expert help.

In summary, while California Penal Code Section 977 provides a mechanism for defendants to be represented by counsel without being personally present in court for misdemeanor cases, the specific context of misdemeanor domestic violence cases may prompt the court to exercise its discretion to require the defendant’s presence at trial. The court’s decision would likely reflect considerations of public policy, the seriousness of the offense, and the rights and safety of the victim, potentially overriding the general allowances for absence under Section 977. Therefore, in a misdemeanor domestic violence case, it is unlikely that the trial could proceed in the defendant’s absence without explicit permission from the court, reflecting the balance between procedural rights and the substantive concerns inherent in such cases. Due to the severity of the consequences of a conviction and the complexity of the legal process, individuals facing charges anywhere in Southern California should immediately seek representation from experienced attorneys such as the Law Firm of Gomez, Radford, & Rome. Our attorneys are all former prosecutors with a wealth of experience in handling these and other serious felony charges. Don’t wait, visit our office or call today for a free consultation.

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