A Blog for California Lawyers

Legal Exceptions to Having an Attorney Appear at Arraignment

An accused in a criminal case who is charged with a misdemeanor need not personally appear at the arraignment hearing, but may appear through an attorney.  A written waiver of the defendant’s personal appearance is not required. Defense counsel’s verbal representations that counsel is authorized to appear on the defendant’s behalf are sufficient to establish a knowing waiver of the defendant’s right to be present.

Domestic violence exception. A defendant charged with a misdemeanor involving domestic violence or a misdemeanor violation of Penal Code §273.6 (violation of protective order), must be present at arraignment and sentencing, and at any time during the proceedings when ordered by the court for the purpose of being informed of the conditions of a Penal Code §136.2 protective order.

Also, according to one Bakersfield DUI Attorney, in drunk driving cases the law provides an exception. The court may, in an appropriate case, order a defendant charged with a misdemeanor offense involving driving under the influence to be present at arraignment, at the time of plea, or at sentencing.  The court may permit the arraignment to be conducted by two-way electronic audio-video communication between the defendant and the courtroom in place of the defendant’s appearance in the courtroom.  A defendant who participates in a video arraignment must sign a written waiver of the right to appear. If the defendant is represented by counsel, the attorney must be present with the defendant at the video arraignment, and may enter a plea during the arraignment.

Understanding Bail in a Criminal Case

It is extremely important to understand the factors in deciding bail prior to your court date.  Bail is governed by the Bail Schedule for the respective county in which the crime is alleged to have occurred.  Factors in the setting of bail are controlled by the California Penal Code Section 1275. Factors in reducing, increasingContinue Reading

Airport Courthouse Criminal Defense Strategies

The Airport Courthouse in Los Angeles prosecutes felonies and misdemeanor cases in the surrounding community.  There are several prosecuting agencies that prosecute out of the Airport Courthouse.  The Santa Monica City Attorney and Los Angeles City Attorney prosecute misdemeanor cases in their respective courtrooms.  If you are arrested for any misdemeanor in Santa Monica, youContinue Reading

Orange County Jail Bail Bonds Service Review

Orange County Jail Bail Bonds Service Review: Why You Should Only Call A Professional Bail Bondsman? Are you desperately looking through the Internet, in order to find a bail bond agent to assist you in Orange County? This Orange County Jail Bail Bonds Service review will tell you why you should only choose an experiencedContinue Reading

My Fine is How Much! What is a Penalty Assessment, and how is it Calculated?

Penalty Assessment is an evil word in traffic court.   Imagine that you are driving down the street and suddenly you notice the red and blue lights of a police cruiser in your rearview mirror. Thinking you have done nothing wrong, you slow down and pull over to allow the officer to pass when youContinue Reading