Domestic Violence: Can My Lawyer Appear On My Behalf In Court?

Under California law, when a person has been charged with a misdemeanor
offense, the defendant's Orange
County criminal defense lawyer can appear in court on the defendant's behalf.
(California Penal Code section 977(a) specifically grants this option to misdemeanor
defendants. This means that in the case of a misdemeanor you can hire a
CFRIMINAL DEFENSE ATTORNEY and you may never have to actually go to court.
Since going to court and dealing with the District Attorney and a superior
court judge can be a frighteningly intimidating experience, as well as very
time consuming, most of my misdemeanor clients are extremely happy to
learn that they can avoid the experience altogether.



Unfortunately this authority to appear via your criminal defense lawyer in Orange
County has specific
exceptions. White a criminal defendant is charged with either a Domestic Violence crime or a DUI charge, then the
defendant's right to appear exclusively through their Domestic Violence
Lawyer in Orange County or DUI defense lawyer is curtailed. In the case of a DUI charge, section
977 allows the court to require the defendant's presence at the arraignment
(usually the first court appearance) and at the time of the plea and
sentencing. However, in most cases in Orange County, the judge does NOT order
the defendant present at these times. In the case of a misdemeanor charge of
domestic violence, including cases of Criminal Threats, Corporal Injury and Domestic Battery, section 977 specifically
REQUIRES that the defendant be present at the arraignment, the time of plea,
and at sentencing. At these hearings the defendant's Orange County Domestic Violence Attorney cannot simply appear on
behalf of their client. The court can order the defendant present at other
times if it chooses.



Many of my misdemeanor domestic violence clients are quite surprised that they learn
they are required to appear in court. After all, why should domestic violence
defendants be required to appear when those who are accused of assault and
battery don’t have to? Well, while it may seem unfair at first blush, there is
actually a very good reason for the requirement. You see, when someone is
accused of domestic battery or any other domestic violence crime, the judge may
be required to serve that domestic violence defendant with an Emergency
Protective Order. This is, in essence, a RESTRAINING ORDER prohibiting the
domestic violence defendant from having contact with the victim in the case.
Since this Protective Order must be served on a defendant personally, and is not effective if served
on their Domestic
Violence Lawyer, the law
requires that defendant to appear in court at the arraignment. Moreover, since
there is often a new, continuing protective order that is issued by the court
at sentencing, the domestic violence defendant is required to be present at
that hearing as well.

 

If you have
been arrested for any domestic violence offense, including criminal threats or Child
Endangerment,  call The Law Offices of EJ Stopyro at (949)
559-55500 for  confidential and free
telephonic consultation with an experienced domestic violence attorney in
Orange County. You can also visit us at www.ejesquire.com.
We have offices in Costa Mesa and at 32072 Camino Capistrano, 2^nd
floor, San Juan Capistrano, CA 92675.