When Is a Defendant Required to Appear in Court?

Showing up in court is about more than courtesy. It protects your constitutional rights to confront witnesses, participate in your defense, and, when appropriate, address the judge directly. California statutes do give defendants flexibility to waive some appearances. Still, every waiver must be knowing, intelligent, and voluntary, and the judge can always order you back into the courtroom if justice requires it. Understanding when a defendant is required to appear in court and when they can allow counsel to represent them will enable them to manage work, family, and travel without risking a bench warrant or a new criminal charge.

Navigating the Los Angeles criminal process requires careful attention to court appearance rules to avoid unnecessary legal complications. Having an experienced defense attorney guide you through the Los Angeles criminal process can help balance legal obligations with your personal and professional responsibilities.

Understanding when a defendant is required to appear in court is critical to avoiding additional charges or legal setbacks. California law provides detailed rules governing a defendant’s presence, waivers, and potential consequences for failure to appear.

• Penal Code § 977: the primary waiver statute for misdemeanors and felonies, including new provisions for remote technology.
• Penal Code § 1043: permits a trial to go forward if a defendant voluntarily absents themself after proceedings begin or engages in disruptive conduct.
• Penal Code § 1193: requires personal presence for felony sentencing unless the defendant has executed a valid on-the-record waiver approved by the court.
• Penal Code §§ 1320 & 1320.5: create the separate crimes of failing to appear after release on one’s recognizance or on bail; CALCRIM 3001 explains the elements for the jury.

Penal Code § 977(a) lets counsel appear on your behalf at virtually every stage of a standard misdemeanor prosecution. For busy professionals, non-California residents, or clients with mobility issues, this often means:

• Arraignment, pre-trial conferences, and motions may go forward while you continue to work or remain out of state
• Routine progress reviews on diversion, deferred-entry-of-judgment, or compliance with community-service obligations can be handled by counsel
• Remote appearances are now possible so long as the judge confirms you can talk with your attorney privately throughout the proceeding

Even in misdemeanor matters, certain hearings require the defendant to appear in court to be physically present before the bench.

• domestic-violence arraignments or sentencing, or any hearing where the court intends to read and serve a protective order
• DUI arraignments, pleas, and sentencing if the judge so orders, because of public-safety concerns or prior record considerations
• victim-rights hearings when the complaining witness invokes Article I, § 28 of the California Constitution and requests the defendant’s presence
• any date where the judge specifically directs you to appear, and judges have broad discretion to do so whenever they believe your presence promotes fairness or efficiency

Failing to appear in these settings can result in the issuance of an immediate bench warrant, forfeiture of bail, and new §1320 charges.

Penal Code § 977(b) sharply limits attorney-only or remote appearances in felonies. A defendant must be present for:

• The first time the information or indictment is read in open court (formal arraignment)
• entering any plea to a felony charge
• every evidentiary phase: preliminary hearing, trial days when witnesses testify, and any live in-court identifications
• formal sentencing and victim-impact statements, except in narrow post-conviction proceedings such as petitioning for resentencing under new law reforms

Judges may grant a written waiver for purely procedural settings (status conferences, motion rulings), but can revoke that waiver at any moment and order the defendant to appear in court. Remote technology is never available for a felony jury trial or felony sentencing except as specifically authorized by another statute.

California’s pandemic-era pilot programs have been folded into permanent law. Today:

• A defendant who waives physical presence can appear by encrypted video platform if the court has certified that the technology preserves attorney-client confidentiality and produces an accurate record
• The waiver must expressly state that notice to counsel equals notice to the defendant of any future mandatory appearance.
• The defendant may withdraw the remote waiver at any time, thereby restoring the right to appear in court in person.

Judges will suspend the remote feed the moment audio quality, interpreter access, or court reporter accuracy is compromised.

When a felony or misdemeanor trial has already begun and the defendant intentionally absents themself, the court may continue without them if it finds:

• The absence is voluntary, and the defendant had actual notice of the trial date
• The defendant was warned that the trial would proceed without them
• counsel remains available to protect the defendant’s interests

If the absence results from disruptive courtroom conduct, the judge must issue repeated warnings and maintain a record before excluding the individual from the courtroom. A defendant who later reforms their conduct can usually reclaim the right to be present during the trial.

Felony sentencing almost always demands personal presence. The court cannot pronounce judgment in absentia unless:

• The defendant affirmatively requests to be sentenced without attending, and
• The judge makes an express finding that allowing absence serves the interests of justice (for example, severe medical incapacity or terminal illness)

Even in those rare cases, counsel must appear, a certified transcript is required, and the defendant’s written waiver becomes part of the permanent record. In death-penalty matters, § 1193 contains specialized procedures authorizing resentencing without the condemned person present once judgment has been affirmed on appeal.

For misdemeanors, the judge may accept notarized plea and waiver forms and pronounce a sentence in the presence of counsel. Still, individual courts differ, so advance coordination with the clerk and prosecutor is essential.

California jurors receive pattern instructions that blunt speculation about a defendant’s absence and underscore the presumption of innocence:

• CALCRIM 206. One or More Defendants Removed From the Case instructs jurors to disregard why a defendant is no longer present or is no longer being tried.
• CALCRIM 355. Defendant’s Right Not to Testify reminds jurors that they may not consider a defendant’s choice to remain silent.
• CALCRIM 3001. Failure to Appear While on Bail outlines the elements the prosecution must prove if the defendant is charged under Penal Code § 1320.5 for failing to appear in court.

When a voluntary-absence finding is made under § 1043, judges often give a tailored instruction based on CALCRIM 206, advising that the trial continues lawfully and that no adverse inference may be drawn from the defendant’s absence, even when the defendant required to appear in court is no longer present.

Skipping even a single mandated appearance can trigger:

• Bench warrants, often entered statewide and visible to TSA and law enforcement license-plate readers,
• summary bail forfeiture under Penal Code § 1305, and automatic probation violations, new misdemeanor or felony charges under §§ 1320 or 1320.5, carrying potential consecutive jail time and steep fines
• immigration consequences for non-citizens, because willful failure to appear is sometimes treated as a crime involving moral turpitude
• negative sentencing factors if convicted, because judges view flight or non-compliance as evidence of poor rehabilitation prospects

• retain counsel early and sign a comprehensive § 977 waiver before the first court date
• document travel, work, or medical reasons for any remote request, and provide them to the court in advance
• Use reputable video-conferencing equipment, test connections, and ensure a confidential backchannel with counsel
• appear in person whenever the judge signals hesitation about continuing remotely—it demonstrates respect and can pay dividends at plea or sentencing
• never rely on informal assurances; get every waiver or remote permission in a filed judicial order

California law now offers a balanced approach: defendants may avoid unnecessary trips to court, but the justice system retains full authority to compel presence whenever constitutional rights, victim participation, or court management require it. Work closely with your attorney, respond immediately to any notice that your appearance is required, and treat personal attendance as an investment in the best possible outcome for your case.

Call (323) 464-6453 or use our secure online contact form for a confidential, 24-hour consultation. Your defense begins the moment you choose experienced counsel committed to protecting your freedom and future.