It's an interesting question.  Based on the Governor's order, you would figure that all of the courthouses in Los Angeles would close down.  Unfortunately, because they are viewed as critical for criminal defense, the Los Angeles courts are open.

All 38 courts are open.  They're available for limited business.  For example, in Van Nuys, for felony cases, you are required to appear in court with your attorney. If your claim is set for a preliminary hearing, you must show up for court with your attorney. The way Van Nuys is handling them, most of the cases are being heard in one of the courtrooms — one of the judges is taking on the duty, and the preliminary hearings are all being continued.

The same thing happens in San Fernando, one of the San Fernando Valley courts: All cases are continued except for preliminary hearings and new arraignments. You still have to appear on those, but they often continue.

In other words, these Valley courts will not allow any real courtroom action in criminal cases because doing so would expose judges, prosecutors, court staff, deputies, clients, and lawyers to the risk of contracting the virus if anyone has it.

So, obviously, I've been going in and out of court since this virus struck.  The courts are pretty barren.  The courts are not allowing any of the defendant's family members in, so nobody is permitted there, and most of the more severe cases involve people in custody.  There's not much milling around inside any of the courts in Los Angeles County, for that matter.

They're handling these cases right now because everything is getting pushed off into June or July.  Suppose it's an important matter, as it falls at the end of April and May.  They're just moving the cases, hoping that things will go back to normal in a couple of months. Our Los Angeles criminal defense lawyers will explain further below.

Retain a Local Criminal Lawyer

So, if you have a criminal case, you're going to want to hire an attorney and make sure that your case is handled the right way.  Don't just bury your head in the sand and do nothing because of the coronavirus. That would be a foolish move that would put you in the wrong position.  Let your attorney handle the dealings with the San Fernando courts.

I'm calling the clerks all the time, and sometimes, if we can't reach them because they're inundated with calls and issues, we end up having to go to court. You can go in, talk to the clerk, and determine what needs to be done.

So, if you've got a criminal case pending and need help, and you're concerned because of the virus — you don't want to go to court — there's a way to avoid that.  There's a California Penal Code 977b waiver that can be filled out — even in felony cases. This is where your attorney can appear on your behalf, and the court will continue the proceedings, allowing things to return to normal. You can then attend and address your criminal case.

Avoiding a Warrant For Failing to Appear

Most of the judges in the courthouses are being very reasonable — not issuing bench warrants when people don't show up — but if you get a new case and you're supposed to appear for an arraignment, and you don't show up, they don't have any choice — they lose jurisdiction if they don't issue a warrant.

If they do nothing, your case goes away, and they're not going to let that happen.  It would be helpful if you or your attorney could ensure that you appear in your criminal case.  In all misdemeanor cases, attorneys can appear for their clients and then continue the case for two to three months, while everything hopefully subsides and returns to normal. We'll then return to court.

These courts will face significant challenges once the current backlog subsides, as numerous cases are currently pending. However, there is little they can do about it at this time.  They can prioritize what is suitable for the public's health and safety, and then address the workload once everything calms down.