Millions of people visit Florida each year, and some of them are arrested. Whether you flew home after posting bond or live in Florida and can’t easily leave work, the same question comes up: do you have to be in the courtroom every time your case is called?
A Florida criminal defense attorney can handle many hearings for you, but state rules are explicit about when you must be there in person. Before leaving the state, make sure your release conditions allow it.
What Florida’s Rules Require
Florida’s Rule of Criminal Procedure 3.180 lists the stages of a criminal case that require the defendant’s presence:
- the first appearance
- entry of a plea
- pretrial conferences
- jury selection
- proceedings held in front of the jury
- the verdict
- sentencing.
Courts allow a lawyer to stand in for you for some of them.
Arraignment Is Often Handled on Paper
Arraignment is the hearing where the charges are formally presented and a plea is entered. Under Rule 3.160, a defendant who has hired a lawyer can skip it. The attorney files a written plea of not guilty, and the arraignment is treated as waived. If you do not have an attorney, you must be there in person.
Pretrial Conferences
Rule 3.180 also lets a defendant skip pretrial conferences, provided the waiver is made in writing or on the record, either by the defendant or by counsel with the defendant’s consent. In Walters v. State (2005) the First District Court of Appeal ruled that a trial judge may not refuse that kind of waiver without good cause. Because these conferences usually deal with scheduling, evidence exchange, and plea discussions, your attorney can keep the case moving while you stay home.
Misdemeanors Offer the Most Flexibility
For misdemeanor charges, Rule 3.180(d) goes further. A defendant may ask to be excused from any or all court proceedings, and the judge has discretion to grant the request. A properly drafted waiver can even allow your lawyer to finalize a plea agreement for you, so many minor cases are resolved without returning to Florida.
For civil traffic infractions, Florida Rule of Traffic Court 6.340 permits a represented driver’s attorney to handle the hearing or trial alone after filing a notice of appearance.
When You Must Be There in Person
Felony cases leave far less room. Expect to attend most aspects of your case. One option applies in any case, felony or misdemeanor: if you waive physical attendance for a plea or for sentencing, in writing or on the record, and the court accepts the waiver, you may appear by live audio-video technology.
Cases in federal court follow a separate rule. Federal Rule of Criminal Procedure 43 requires the defendant’s attendance at the initial appearance, arraignment, every stage of trial, and sentencing. For offenses punishable by a fine, no more than one year in jail, or both, the defendant may consent in writing to proceedings held by video or in their absence, with the court’s permission.
The Cost of Missing Court
Failing to show up when required is a separate crime. Under section 843.15 of the Florida Statutes, a defendant released on bail who willfully misses a required court date forfeits the bond. They also face a new charge: a third-degree felony if the original charge was a felony, or a first-degree misdemeanor if the original charge was a misdemeanor. The court can also issue an arrest warrant.
Before assuming your lawyer will cover a hearing, confirm that the waiver was filed and accepted, and keep your own record of every court date.
Talk to a Florida Criminal Defense Attorney
If you were arrested in Florida, whether you live here or were just visiting, attorney Brian Casey can explain which hearings you must attend, file the necessary waivers, and appear on your behalf whenever the rules allow. Call for a consultation today.