Legal Question in Criminal Law in California
977 PC What documents from defendant does the attorney need to submit this form to the court?
3 Answers from Attorneys
Generally none. In the case of a felony, you may have to sign a waiver in open court.
Mr. Shapiro is right, your attorney can make an appearance for you on a misdemeanor without any additional documentation. In the case of a felony you must execute a waiver in open court. This means that you either sign a written waiver of your appearance while you are in court or you answer the judge's question when he asks if you will waive your appearance at the next hearing.
In most cases (in the 7 counties I've practiced in, anyway) the court will take an oral waiver of presence on a misdemeanor - meaning, the attorney can indicate orally that he is appearing under PC 977 authority, -meaning the client has waived his right to be present.
Some courts/ counties, such as Riverside and Kern tend to require a written waiver (meaning a signed form) on misdemeanors. In those courts, if the attorney does not have a 977 waiver of personal presence form signed by his client/ the defendant, the court usually will let the attorney fax it in later. So, on a misdemeanor not much should be required to make a court appearance without the client / defendant.
Some misdemeanors such as domestic violence, are not eligible for the 977 waiver of personal presence - meaning, the client usually would have to be at all appearances, even on a misdemeanor.
But that was more than you asked! ;)
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