Can a 977 waiver be used in a capital felony (child molestation) and being sign at the hospital by defendant who collapsed during closing arguments who was on oxygen and had an intravenus unknown medication rather then done in open court?
2 Answers from Attorneys
Re: 977 waiver
Whaddayou, a wannabe screenwriter? Child molestation isn't a capital crime, at least not in California. If the defendant is hospitalized under the circumstances you describe, the circumstances of whether and when he may be required to personally appear will be up to the judge. In such a circumstance the defendant might well be asked to sign a waiver of his or her right to be present during all phases of the proceedings.
Re: 977 waiver
The answer will come from the Judge upon proper request for use of the waiver. My opinion is of no use to you, unless I'm your attorney.
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