Category: Court Process · Statute: Florida Rule of Criminal Procedure 3.116 · Source: Florida Legislature
Understanding Video Arraignment in Florida
In Florida, a video arraignment is a formal court proceeding where a defendant, while remaining in custody at a county jail, appears before a judge via a secure, closed-circuit television or digital video conferencing system. Under Florida Rule of Criminal Procedure 3.160, an arraignment is the stage where the defendant is formally charged, advised of their constitutional rights, and asked to enter a plea (usually not guilty at this initial stage). Rather than incurring the security risks and transportation costs of moving defendants from the jail to the county courthouse, Florida jurisdictions heavily rely on video technology to conduct these hearings efficiently.
During a video arraignment, the judge, prosecutor, and defense counsel are typically present in the physical courtroom, while the defendant views and participates in the proceedings from a designated video room inside the detention facility. To ensure constitutional due process is preserved, Florida courts must provide a confidential means of communication—such as a private telephone line or a private breakout room—so the defendant can consult with their attorney privately during the hearing. If the technology fails or if a confidential consultation is impossible, the court must typically delay the proceeding or arrange for an in-person hearing.
How Video Arraignment Impacts Florida Bail
Because video arraignments often coincide with or immediately follow a defendant's first appearance hearing (Rule 3.130), they serve as a critical juncture for establishing or modifying pretrial release conditions. During the video broadcast, the judge reviews the charging documents to determine if there is probable cause and decides whether to set, lower, or revoke bail. Because the defense attorney is not physically standing next to their client, they must carefully coordinate beforehand to present mitigating evidence, such as proof of local ties or financial limitations, over the video feed to secure a favorable bond amount.