Criminal Law Topics

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Tuesday, May 10, 2011

Do I need to go to my Arraignment?

In Southwest Florida State Courts (20th Circuit), you will not need to attend your Arraignment as long as you have retained an attorney and that attorney files a Notice of Appearence,  a Waiver of Arraignment and enters a Written Plea on your behalf.

In the Middle District Federal Court in Florida, written waivers are being accepted also.

The purpose of an Arraignment pursuant to rule 3.16 of the Florida Rules of Criminal Procedure is to advise the defendant as to the criminal charge and for the Defendant to then enter their plea to that charge. Since the attorney will be presenting the Court with all of this information for you, you are not required to attend. If your attorney has worked out a resolution for you s/he may then ask that you be present.

You have the right to attend this and all other hearings regardless if you are required to go or not.

If you choose to attend the Arraignment, the Information or Indictment (charging documents) will be read to you and you can verbally advise the Court if you would like to plead Not Guilty, Guilty or No Contest.

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