In the middle of the Covid-19 Virus crisis, which had been going on since April/May of 2020, most courts developed a system for making court appearances by “Zoom” – a video conferencing and web conferencing application that allows one to see and speak with the court and the attorneys without actually going to the courthouse.
Will Zoom Court Appearances Continue?
YES! It is anticipated that many courts will continue to use this method of allowing court appearances even after the Covid-19 crisis has resolved because it is extremely convenient, saves court resources, and is popular with attorneys. HOWEVER, every county has different rules and procedures and often individual judges will have separate protocols.
It is extremely important that you consult with your attorney regarding whether appearing by zoom is permissible and appropriate for your day in court. Your attorney should be able to provide you with the links to the court website and give you guidance on when and if you can appear through this technology.
What are the Different Ways to Appear in Court?
Historically, there were two ways for a person accused of a crime to appear in court. But as a result of the Covid-19 crisis, the Court developed a third way to make an appearance.
1. Personal Appearance
The individual will personally go to the courthouse and stand before the judge. A personal appearance has typically been required if you are charged with a felony or at a critical stage of the proceeds.
2. Legal Representation
In California, Penal Code section 977 allows a persons’ attorney to appear for their client, without their presence for most misdemeanors – including DUI cases. An attorney may be allowed to appear “977” for a client in a felony matter with the permission of the court.
3. Virtual Appearance
The Court wanted to limit the number of people in the courthouse to avoid unnecessary exposure and maintain social distancing. However, it was also important to keep cases moving along to attempt to avoid too much of a backlog. As a result, the Courts invested a significant amount of time and money into a system that allows court appearances through Zoom.
How are Zoom Court Appearances Conducted?
Every county does it a little differently, but the idea is the same. For example, your Sacramento criminal defense attorney may have already informed you that in Sacramento County the Judge is in a different courtroom and appears on the screen. For the most part the District Attorney will log in from their office. The only people in the court for most pre-trial and settlement type appearance may be the Bailiff, the defense attorney and the defendant. While the defense counsel and client can appear via zoom, it is not uncommon for the defense to be personally present in the court room – especially if the client is in custody or there is some critical stage – such as a plea or sentencing. As mentioned above, it is important that you discuss with your attorney whether you can appear via Zoom and whether or not it is a good idea for that particular appearance.
Make sure that you have the Zoom application on your computer or phone and that you know how to use it. It is not complicated but you need to try it out before you log on. If you don’t have it yet, click here to download Zoom.
Be sure that you know your correct login details so that you can log into the correct courtroom. In Sacramento, each courtroom has its own log-in, so you want to make sure you are in the right Zoom session.
Log on a few minutes before the court appearance. In many courtrooms, the bailiff will take the role to see who is present. If you get in the queue early, you have a better chance of getting your case called early. However, it is a good idea to coordinate with your attorney and find out when they will be logging on. Sometimes, they will have to log on a little late because they have another appearance somewhere. In most circumstances, if I know that I will be late, I will let the District Attorney and my client know so they are not waiting.
I have been in the waiting room, waiting to be called for over an hour several times. Sometimes it is just unavoidable. Just like when one appears in court, sometimes there are other things going on and other cases that are getting called. Be patient. If this is the situation, mute yourself and turn off your video till the case is called. That way you are not distracting and don’t get caught doing something you would rather not have people see on camera.
Gold River Office
2377 Gold Meadow Way, Suite 100 Gold River, CA 95670
The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.