What Is Required and Involved in a 977(b) Appearance?

There is an exception under Penal Code § 977(b) to the general requirement that defendant must appear in court at all hearings in a felony case. Section 977(b) permits a judge to allow defendant’s counsel to appear on behalf of defendant if defendant enters into an oral or written waiver in court of his or her appearance and agrees that counsel can appear on his behalf in the future. The requirement that the waiver be entered to in court, before a judge, is most often considered critical to a valid waiver, but our office has been successful in having a judge allow 977(b) appearances without a waiver entered into in court. To read more about this, please click on the following link.


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