Sometimes. For a misdemeanor-only charge, California Penal Code § 977 generally allows your lawyer to appear without you, but domestic-violence and protective-order cases have required appearances, and a judge may require your presence in certain misdemeanor DUI cases. A felony charge has stricter rules: your presence is required at listed stages, while a lawyer-only appearance at other proceedings needs a valid waiver and the court’s permission. Appearing by video is a different choice from having counsel appear alone. (Penal Code § 977, as amended by SB 174, § 6)

The current text here is the version enacted by 2026 SB 174, section 6, which remains in effect until January 1, 2032. The same bill includes a successor version for 2032. Your lawyer should check the law and the assigned court’s orders for the date of your hearing.

If the case charges only misdemeanors

The usual rule is that counsel may appear for you. Two qualifications can change the answer:

  • If the charge is a misdemeanor involving domestic violence, as defined in Family Code § 6211, or a misdemeanor violation of Penal Code § 273.6, you must be present for arraignment and sentencing. You must also attend when the court orders you present to receive the terms of a protective order under Penal Code § 136.2.
  • For listed misdemeanor DUI-related offenses, including Vehicle Code §§ 23152 and 23153 and a specified wet-reckless charge, the court may, in an appropriate case, order you present at arraignment, plea, or sentencing. A DUI label alone does not answer what the judge has ordered in your case.

Section 977(a) also permits many misdemeanor proceedings to use remote technology if the accused agrees, subject to the statute’s trial limits. Remote participation means you attend by technology; it is different from counsel attending while you are absent. (Penal Code § 977(a), (c))

If a felony is charged

You generally must be physically present at arraignment, plea, preliminary hearing, portions of trial when evidence is taken, and sentencing, subject to the statute’s specific remote-participation rules. At other proceedings, you must appear physically or remotely unless the court allows a waiver approved by your lawyer. The court can still direct you to attend a particular proceeding. (Penal Code § 977(b))

A felony absence waiver may be written and filed, or, with the court’s consent, entered on the record by you or your lawyer. If counsel enters it, counsel must state that you were advised of your right to attend, waived it, and agreed that notice through counsel of a later required appearance counts as notice to you. The court must find that a waiver under § 977 was knowing, voluntary, and intelligent. A general understanding with your lawyer does not substitute for the court’s required process. (Penal Code § 977(b)(2), (h))

Could you or your lawyer attend remotely?

After a defendant waives physical presence, § 977(c) permits remote proceedings within its limits and allows withdrawal of that waiver. The court may direct physical presence at a felony proceeding. Defendants generally cannot attend a jury or court trial remotely; the statute has a narrow provision for noncritical felony trial portions without testimony. Felony sentencing generally cannot be remote, except for postconviction relief or another legal authorization. The court may separately allow counsel to participate remotely when appropriate and practicable. Unresolved problems with technology, audibility, the record, defense communication, or interpretation can require an in-person appearance. (Penal Code § 977(c), (e)–(f))

Before relying on a lawyer-only or remote appearance, have counsel check the charging document, the exact hearing, any personal-appearance order, custody status, local remote procedure, and whether the court accepted the necessary request or waiver. Keep planning to attend until counsel confirms the court’s ruling. If you need the date changed, that is a separate request. The Law Offices of David S. Chesley’s court-process overview provides context; call (800) 755-5174 about the appearance set in your case.