Legal Question in Criminal Law in California

Under Penal Code section 977 what kind of documentation is required in order to prove that my lawyer is eligible to represent me in my absence for a misdemeanor charge? Is it adequate for my lawyer to simply present a written letter from myself declaring that I wish him to represent me?


Asked on 10/19/09, 8:29 pm

2 Answers from Attorneys

Robert Marshall Law Office of Robert L, Marshall

If your lawyer can't answer this basic question for you, I would be very concerned about his or her competence to handle a criminal case

In a felony case, the defendant must be personally present and execute a 977 waiver in open court for the attorney to make future appearances.

In a misdemeanor case, there is no requirement of any sort of written 977 waiver -- but some judges demand one anyway. When I am representing a client in one of these courts, I prepare a written waiver form because it's better for my client than getting the judge angry.

Note that you have to personally appear for arraignment in a domestic violence case, if the judge orders you to be there, or in certain other situations specified in the statute.

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Answered on 10/19/09, 8:53 pm
Terry A. Nelson Nelson & Lawless

All he has to do is represent to the court that he has your authority, no documents required. IF he gets you a plea bargain, you'll have to sign and notarize the 'deal' documentation. If jail is involved, you'd have to turn yourself in. Now, if the case is in SoCal courts, and if you need counsel that actually knows what and how to do it for you, feel free to contact me.

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Answered on 10/20/09, 2:09 pm


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