One of the many advantages of hiring an attorney early in the legal process is their ability to appear for you in court, sparing you from potential embarrassment and inconvenience.
Penal Code section 977 allows defendants the option to waive their presence in court for most misdemeanor proceedings, granting their attorney the authority to appear on their behalf. This allows defendants to be represented "by counsel only" during court appearances, mitigating the inconvenience, costs, and potential loss of income associated with attending court for minor offenses.
If you hire an attorney, they may be able to attend all court appearances on your behalf, eliminating the need to ever attend court. This can be particularly beneficial if you reside outside the area or have work obligations. It is advisable to discuss this matter with your attorney to determine if your presence will be required at any court dates.
However, there are circumstances where your presence in court is mandatory. For instance, if you face accusations of certain domestic violence offenses, such as violating a protective order or engaging in corporal injury to a spouse, you will be required to appear. Similarly, if you are charged with DUI, DUI causing injury, or vehicular manslaughter, the court may also require you to attend court.
In felony cases, additional requirements must be met before a judge will permit your attorney to appear for you. Typically, you will need to sign a waiver during a court hearing after getting permission from the judge. It is crucial to consult with your attorney about the specific details of your case, as there may be other exceptions to the general rules. Nonetheless, having your attorney appear on your behalf remains a potential option to consider.