Skip to main content

If you are charged with a misdemeanor ( No DUI), and you have an attorney, do you still need to show up for your arraignment?

San Jose, CA |

I have been charged for violation of restraining order and I have an arraignment coming soon, (I already have an attorney), do I still need to show up for my arraignment. What happens if I don't?

Also I wanted to know, that if the court is going to issue a criminal restraining order on my arraignment day or not?

+ Read More

Attorney answers 4


If you already have an attorney, then these are questions that would be better answered by your attorney who is more acquainted with your case.


Why are you not asking your attorney this question? Follow the advice of your attorney; you are paying them for a reason. If you are being represented by the public defender you have to appear atyou’re your hearings.
Robert Driessen


Yes, you should ask your attorney. Ask him/her about Penal Code 977(a) which generally allows attorneys to appear for their clients. Also, if a restraining order was issued, why would another restraining order be required unless it's more restrictive.


There are certain types of cases that may require your presence at specific times. If your case has some connection to Domestic Violence, I am quite certain this will come into play. My recollection is that you must be present at the arraignment, and plea or sentencing.

Denis H. White, Jr.

Criminal defense topics

Recommended articles about Criminal defense

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer