Quick Answer
California Penal Code section 977(a) permits an attorney to appear on behalf of a misdemeanor defendant at most court dates without the defendant being physically present. This means a defendant generally does not need to miss work or travel to court for routine status conferences in Los Angeles County misdemeanor cases.
Key Takeaways
- PC 977(a) allows counsel to appear on behalf of a misdemeanor defendant at most court dates.
- The defendant must personally appear at: arraignment (in some cases), entry of plea, sentencing, and trial.
- Routine status conferences, pretrial conferences, and motion hearings generally do not require the defendant’s presence.
- The defendant must execute a written 977 waiver authorizing counsel to appear.
- For felonies, the rules under PC 977(b) are different and more restrictive.
What PC 977(a) authorizes
California Penal Code section 977(a)(1) states that “In all cases in which the accused is charged with a misdemeanor only, he or she may appear by counsel only, except as provided in paragraphs (2) and (3).” This means that for the vast majority of misdemeanor court dates, an attorney can appear and represent the client without the client being physically present.
When the defendant must personally appear
PC 977(a) lists specific proceedings where personal presence is required. These typically include:
- The entry of any plea other than not guilty (so the defendant must be present to plead guilty or no contest).
- Sentencing in cases where the court is imposing custody.
- Trial, both bench and jury.
- Certain protective order hearings.
- Cases involving domestic violence, where personal appearance is often required at the arraignment.
- Cases involving certain violations of protective orders.
For all other misdemeanor proceedings — including routine status conferences, pretrial conferences, discovery hearings, motion hearings, and continuances — the defendant generally does not need to attend if counsel is present and the defendant has executed a written waiver.
The 977 waiver
The waiver is a short written document signed by the defendant authorizing counsel to appear without the defendant being personally present. The waiver acknowledges the proceedings at which the defendant must appear and gives counsel authority to handle other proceedings on the defendant’s behalf. Most attorneys execute the waiver at the outset of representation so it is on file for all subsequent court dates.
Why this matters practically
A typical Los Angeles County misdemeanor case has anywhere from 3 to 10 court dates over a period of several months. Without PC 977(a), the defendant would need to take time off work, travel to the courthouse, and wait in the courtroom for each appearance. With a 977 waiver in place, the defendant can often handle the entire case without ever physically appearing in court except at the moment of resolution (plea, dismissal, or trial).
For working professionals, parents with childcare obligations, out-of-state defendants, and clients whose appearances would risk immigration or licensing consequences, the 977 waiver is the single most valuable procedural tool in a misdemeanor case.
Felony cases — PC 977(b)
For felony cases, the rules are stricter. PC 977(b) generally requires the defendant to be personally present at: arraignment, the time of the plea, all critical stages including pretrial proceedings where evidence is introduced, and during the entire trial. Limited exceptions exist for certain routine proceedings if the defendant executes a written waiver and the court approves.
What can go wrong
- The defendant did not sign a 977 waiver. Some courts will continue the case rather than proceed without the defendant when no waiver is on file.
- The judge requires personal appearance for a particular proceeding that would normally be 977-eligible. The defense should clarify in advance whether the next appearance requires personal presence.
- The defendant misses a required personal appearance. If the defendant fails to appear when required, the court may issue a bench warrant for arrest. The defense should never assume PC 977(a) covers a hearing without confirmation.
Frequently asked questions
Does the Law Office of Zak Fisher use 977 appearances?
Yes. For misdemeanor cases, Zak Fisher executes a 977 waiver at the outset and generally appears under PC 977(a) for routine court dates. Most clients do not need to physically appear in court for status conferences, pretrial conferences, or motion hearings.
Does this apply to DUI cases?
Yes. DUI misdemeanors are covered by PC 977(a). The defendant typically needs to appear personally at the arraignment (in some courts) and at the entry of a plea, but not at most other court dates.