Yes, under certain circumstances. According to California Penal Code section 977 (a) (1):
In all cases in which the accused is charged with a misdemeanor only, they may appear by counsel only, except as provided in paragraphs (2) and (3). If the accused agrees, the initial court appearance, arraignment, plea, and all other proceedings, except jury and court trials, may be conducted remotely through the use of technology, as provided by subdivision (c).
(2) If the accused is charged with a misdemeanor offense involving domestic violence, as defined in Section 6211 of the Family Code, or a misdemeanor violation of Section 273.6, the accused shall be present for 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 protective order issued pursuant to Section 136.2.
(3) If the accused is charged with a misdemeanor offense involving driving under the influence, in an appropriate case, the court may order a defendant to be present for arraignment, at the time of plea, or at sentencing. For purposes of this paragraph, a misdemeanor offense involving driving under the influence shall include a misdemeanor violation of any of the following:
(A) Subdivision (b) of Section 191.5.
(B) Section 23103 as specified in Section 23103.5 of the Vehicle Code.
(C) Section 23152 of the Vehicle Code.
(D) Section 23153 of the Vehicle Code.
Some Charges Filed as Felonies May Be Misdemeanors as a Matter of Law
Cases involving Health and Safety Code section 11350 (a) or Health and Safety Code section 11377 (a) were sometimes charged as Felonies prior to the passage of Proposition 47. Health and Safety Code section 11350(a) and 11377(a) may have been previously filed as Felonies but now qualify for a reduction to a Misdemeanor by operation of law.
What is Proposition 47?
Proposition 47, the Safe Neighborhoods and Schools Act, was approved by California voters on November 4, 2014. It reclassified certain nonviolent drug possession and theft offenses from felonies to misdemeanors.
Specifically, Proposition 47 amended several statutes, including:
Health and Safety Code § 11350(a): Possession of certain controlled substances.
Health and Safety Code § 11377(a): Possession of certain controlled substances, including methamphetamine.
Proposition 47 amended the punishment for qualifying offenses to imprisonment in a county jail for not more than one year, subject to specified statutory exceptions. Thus, qualifying offenses are reclassified as misdemeanors even though an older case may have originally been filed as a felony.
Under Penal Code section 977, an attorney may appear in court without their client present in all misdemeanors subject to specified statutory exceptions (noted above). After Proposition 47 was passed, defense counsel may appear on the defendant’s behalf for Health and Safety Code section 11350(a) or Health and Safety Code section 11377(a) which on their face, may have been filed as Felonies, but may now proceed as misdemeanors, thus, the defendant need not be present for the Bench Warrant Recall and arraignment.
Therefore, you can recall a bench warrant without the client present under certain circumstances.
