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California criminal defense lawyer explains that Penal Code 977 PC allows defendants to waive their court appearance for most misdemeanor proceedings. WAIVER OF DEFENDANT'S PHYSICAL OR REMOTE PRESENCE (977(c) Penal Code).Penal Code § 977 PC allows defendants to "waive" their presence or appearance in court for most misdemeanor proceedings. However, in some situations, individuals can waive this right under Penal Code 977. PC 977 acts as a waiver of presence for misdemeanor cases. The amendment allows participation through video teleconference as an alternative to appearing in person or not appearing. Walker to waive his personal appearance at a sentencing hearing and to appear via videoconference. Bonds and First Appearance. 67. If the defendant does not waive preliminary hearing, the hearing shall be held. Being offered, such as jury selection.