Legal Question in Criminal Law in California

977 waiver

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?

Asked on 10/04/07, 7:01 pm

2 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

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.

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Answered on 10/04/07, 7:09 pm
Terry A. Nelson Nelson & Lawless

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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Answered on 10/04/07, 7:48 pm

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