Category: Court Process · Statute: Florida Rule of Criminal Procedure 3.160 · Source: Florida Legislature
Understanding Waiver of Arraignment in Florida
In Florida, an arraignment is typically the first formal court hearing after an arrest, where the defendant is officially informed of the criminal charges, advised of their constitutional rights, and asked to enter a plea. Under Florida Rule of Criminal Procedure 3.160(a), a defendant represented by an attorney can bypass this formal hearing by filing a written "Waiver of Arraignment." This document, signed by both the defendant and their legal counsel, formally enters a plea of not guilty, waives the reading of the information or indictment, and allows the case to proceed directly to the discovery and pretrial phases without the defendant having to stand before a judge in open court.
Filing a waiver of arraignment is a standard procedural strategy in Florida's criminal justice system, particularly for defendants who have already secured legal representation and secured their release. By submitting this written waiver prior to the scheduled court date, the defense avoids the time, expense, and public exposure of a brief, administrative hearing. However, this waiver is only permissible if the defense attorney files the document properly with the clerk of court before the scheduled arraignment date, and the court accepts the written plea of not guilty in lieu of a personal appearance.
How a Waiver of Arraignment Affects Florida Bail
Filing a waiver of arraignment helps preserve a defendant's existing bail status by preventing an accidental failure to appear (FTA), which would trigger an immediate bench warrant and the forfeiture of their bail bond. Because the waiver legally excuses the defendant from attending this specific hearing, their pre-trial release or surety bond remains securely in place. Additionally, it allows the defense team more time to review the state's evidence before addressing any potential modifications to the bail conditions at a later, specially set bond hearing.