Penal Code 977(a) and its Impact on Your Criminal Case

In most misdemeanor cases, Penal Code Section 977(a) allows your criminal defense attorney to appear for you in court so that you don’t have to. If you are facing criminal charges, you need to speak to an experienced criminal defense lawyer to find out if we can appear in court for you.

Benefits of the Law

Hiring a skilled attorney will benefit you in many ways if you are accused of committing a misdemeanor crime. Having your attorney appear in court for you will be extremely beneficial if you were cited for an offense while visiting California. Rather than paying for an expensive plane ticket and hotel to come back to California, you can stay home and have your lawyer appear for you.

Having to take time off work can be a huge financial burden. Unless you have an attorney appear for you, your criminal case could result in missing several days of work. Missing time from work is costly and you have to give an explanation to your employer for doing so. This can be avoided by hiring our law firm.

In addition, facing criminal charges can be embarrassing and stressful. If you hire our law firm to appear for you in court, you will avoid the stress of facing a potential jail sentence and embarrassment that comes with going to court to face criminal charges.

Violating Court Order

If you have been charged with violating a court order or “stay away” order due to a domestic violence incident or child custody dispute, then the court requires you to be present for your arraignment (initial appearance) and sentencing. However, for other phases of your case, your lawyer can appear without you having to attend.

DUI and Penal Code 977(a)

If you’ve been arrested for a DUI, a judge may order you to be present at the arraignment, plea, and sentencing phases of your case. The judge is not legally obligated to do so, but recently judges are increasingly exercising their discretion because of the widespread public stigma associated with DUI.

Our skilled criminal defense attorneys at Wallin & Klarich know the right legal arguments to protect your statutory right under Penal Code 977(a) and will help you save time and money. If you do not retain a private lawyer and instead have a public defender represent you on a misdemeanor or felony offense, it is often necessary for you to meet with the public defender in court to discuss your case on the same date your case is set on the court calendar. This is because public defenders often do not have the time to meet with you in their office on a prior date. This means you would need to appear at all your court hearings. The same is not often true when you retain a private lawyer to help you.

977(a) Generally Does Not Apply to Felonies

If you have been charged with a felony, you must personally appear in court at your arraignment, time of plea, preliminary hearing, sentencing, as well as any portion of your trial where evidence or testimony is presented to a jury.

For any other phase of your case, you may execute a written waiver of your right to be present as long as the waiver is signed in front of a judge and approved by the judge. This may include the readiness hearing or any other portion of your case involving “matters of law,” meaning anything that requires a judicial ruling as opposed to an issue for the jury to decide. For these portions of your case – for example pretrial motions – your attorney can often appear for you without your attendance being required.

Call the Experienced Criminal Defense Attorneys at Wallin & Klarich

If you or a loved one has been charged with a crime, you need to contact an experienced Wallin & Klarich criminal defense attorney immediately. The sooner you are represented, the sooner your can arrange to have your lawyer start saving you time and money by appearing for you in court.

Let our attorneys fight to protect your freedom today.

At Wallin & Klarich, our skilled attorneys have been successfully defending clients facing criminal charges for over 40 years. We will meet with you immediately to review the facts of your case, and plan a defense strategy that will help you obtain the very best outcome possible.

With offices located in Los Angeles, Sherman Oaks, Torrance, Orange County, San Diego, Riverside, San Bernardino, Ventura, West Covina and Victorville, there is an experienced Wallin & Klarich criminal defense attorney available to help you no matter where you work or live.

Call us today at (877) 4-NO-JAIL or (877) 466-5245 for a free phone consultation. We will be there when you call.