Sometimes. San Diego’s 2026 Local Rule 3.1.2 allows an eligible attorney to use the local counter or fax procedure for a not-guilty misdemeanor or infraction arraignment, with the defendant’s authorization. The rule has significant exclusions. A submission is not accepted merely because it was sent. This attorney procedure also covers eligible lawyers representing themselves; it does not cancel a court-ordered personal appearance. (San Diego Superior Court, 2026 Criminal Local Rules, rule 3.1.2.)
Check current exclusions before choosing this route
The local rule excludes cases involving custody on any matter, child-abuse charges and cases involving minor victims, specified domestic-violence cases, offenses requiring sex-offender registration, certain San Diego City Attorney consumer-fraud or code-enforcement matters, a victim exercising an arraignment-presence right, and prior bail or bond forfeiture. Confirm the actual case facts and the current rule; a city name or charge label alone is not enough. The current rule controls over older CRM-140 paperwork, which does not list the newer registration-offense exclusion. (San Diego Superior Court, 2026 Criminal Local Rules, rule 3.1.2; CRM-140.)
Understand what the attorney is authorized to do
The route involves an attorney entering a not-guilty plea and waiving time for trial; those are consequential decisions. Review the current CRM-141 form with counsel so the defendant’s authorization and the trial-time waiver are clear. A lawyer should verify the proper division, complete the required fields, and use the current court instructions. Statewide rules about attorney appearances do not erase San Diego’s additional eligibility limits. (San Diego Local Rule 3.1.2; CRM-141; Penal Code § 977, as amended by SB 174.)
Timing and acceptance matter. CRM-140 says a fax received after 4:30 p.m. or on a noncourt day is deemed received the next court day and must be received by the arraignment time. CRM-141 may be rejected or indicate that the case has not yet been filed. If the returned form says no case is filed, it directs the defendant to appear in court or at the business office on the date and time shown on the citation or release document. Confirm that the court received and accepted the papers, keep the returned form, and check the hearing assignment and any notice requiring appearance. Sending a fax alone does not show that the arraignment occurred or that any warrant concern is resolved. (CRM-140; CRM-141; San Diego criminal forms index.)
For a represented misdemeanor or infraction in San Diego County, the Law Offices of David S. Chesley can review whether the local procedure fits. Call (800) 755-5174, or visit the arraignments page.