Legal Question in Criminal Law in California

Hi there.

I have been accused of a crime that I did not commit. I have appeared in court several times, The first time I was assigned a public defender since i cannot afford an attorney. At the second court date my public defender asked for 60 days to do an investigation of the charges to gather evidence to prove my innocence. I went back a third time expecting the whole thing to be over and done and was informed that my PD had done no work on my case and no investigation had been done. So, a new P.D. (since mine didn't show up) asked for another 60 days to do what should have already been done. I am supposed to go back March 1st.

I contacted my P.D. a few days ago and was informed that they are going to have to subpoena some records before we will be able to move forward. My next court date, on March 1st, she intends to ask for more time in which to serve this subpoena and that is all she will be doing.

Here's my problem, I am being accused of this in California. I no longer live in that state. I live in Washington state. I have had to fly back and fourth three times now and it is draining me financially. I voluntarily got this court case going forward as soon as I found out I had this warrant. I asked my P.D. if there was anyway that I would not have to be in court and have things move on without my presence she responded by telling me "It can be done but our office doesn't like to do that."

As I did not do what I am accused of doing (Theft) I am perfectly happy to show up in court to plead not guilty and for whatever trial will follow, but to show up in court and just stand there while my attorney asks for more time seems to unnecessary, not to mention costly. It is getting more difficult to come up with the money to fly down to California each time.

So, what i am wondering is this possible to do? Can the court proceed with just my PD there and not me? If so, how to I approach this with my PD? Any information you could provide would be appreciate it.


Asked on 2/20/11, 3:30 pm

2 Answers from Attorneys
Isi Mataele 'Isi Mataele Attorney at Law

You don't have to be present if it is just a misdemeanor that is not domestic violence or DUI. An attorney can represent you and enter a plea.

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Answered on 2/20/11, 5:48 pm
Anthony Roach Law Office of Anthony A. Roach

You must be in court if you are being charged with a felony. Your attorney's presence is sufficient if it is a misdemeanor, unless you are charged with domestic violence as defeind in Family Code section 6211 or a violation of Penal Code section 273.76. In those exceptions, you must be present for arraigment and sentencing. (Pen. Code, sect. 977.)

There are some situations in which a court hearing a pending felony will excuse a defendant from being personally present with a written waiver, set forth in Penal Code section 977, but I've never seen a court actually allow this.

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Answered on 2/21/11, 10:49 am


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