When it comes to federal criminal cases over the last 27 years, I would answer that question yes, absolutely.  There's no way you can phone in your appearance in a federal criminal case.

Now, with the Coronavirus, that's pretty much the only way the federal courts are doing business.  I've had a number of sentencings where my client wanted to appear in person.

It was very clear to me that they were not going to allow that to happen. One, we refused to sign the stipulation to continue it, so the court continued it on its own motion.

Video Court Appearances

The bottom line is that, as I write this post, most federal criminal cases are conducted via video, with some exceptions.

I was recently in downtown Los Angeles at the Roybal Building for a new arraignment.  My client was being brought in for the first time.

During a recent new arraignment at the Roybal Building in downtown Los Angeles, I faced a unique challenge. Despite the importance of the case and my strong argument for an in-person appearance, the front door was locked,  and gaining entry was a complex process.

The Marshalls were at the metal detector, but they had to call up to the courtroom to get one of them to come down and confirm that our case was on the calendar before they would let us in.

Trust me, they didn't want to let us in.  These older federal judges, in my opinion, do not want people in their courtrooms.

To a degree, I can't blame them, but by the same token, these are serious criminal cases where people are facing many months in federal prison at 85%.

So, I think, being a strong advocate, if it's possible, you should definitely try to get in there face to face.  Of course, you'll wear and mask and social distance.

Following Federal Court Procedures

The bottom line is, at this point, it's crucial to follow court procedures.  We obviously don't want to make the judge mad because that's the person who is typically going to sentence the defendant if that's what you're going to court for.

I don't know how normal it will return to. Eventually, once people are vaccinated, they'll be allowed in the courtrooms. But the question remains, will this new way of doing business continue to be an option moving forward?

One question I have, though, is whether or not maybe this will just continue to be an option moving forward:

• where your defendant can waive their presence;
• where you can appear via video or phone.

While the current situation may seem like the 'new normal', it's worth considering whether this shift to video appearances will continue as an option in the future.

But when it comes to criminal defense, in my opinion, if it's a serious proceeding where you're trying to get something for your client, such as a motion, sentencing, or, obviously, a trial, there's no way they're going to let you phone it in.

In my opinion, if possible, those things should be done in person. But as I write this post, in February 2021, they're not letting people into the federal courts. For the most part, everything is being done via video.