Legal Question in Criminal Law in California

977 PC What documents from defendant does the attorney need to submit this form to the court?


Asked on 10/08/11, 11:52 am

3 Answers from Attorneys

Zadik Shapiro Law Offices of C. Zadik Shapiro

Generally none. In the case of a felony, you may have to sign a waiver in open court.

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Answered on 10/08/11, 12:21 pm
Daniel Martin Law Office of Daniel K Martin

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.

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Answered on 10/08/11, 2:19 pm
Theresa Hofmeister Theresa Hofmeister, Attorney At Law

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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Answered on 10/09/11, 10:15 pm


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