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 appearance after an arrest, where the judge reads the official charges, advises the defendant of their constitutional rights, and asks for a plea. However, under Florida Rule of Criminal Procedure 3.160(a), a defendant represented by a private attorney or a public defender can bypass this hearing entirely by filing a written Waiver of Arraignment. This legal document, signed by both the defendant and their counsel, formally enters a plea of not guilty, waives the reading of the information or indictment, and requests a trial by jury.
Filing this waiver is standard practice in Florida's criminal justice system. It spares the defendant from having to take time off work, secure transportation, and spend hours waiting in a crowded courtroom just to say "not guilty." Once the clerk of court receives and dockets the written waiver, the arraignment hearing is canceled, and the case automatically progresses to the next phase, which is typically the discovery process and the scheduling of a pre-trial conference.
How a Waiver of Arraignment Impacts Florida Bail
Filing a Waiver of Arraignment generally keeps the defendant's existing bail status intact. Because the waiver is submitted in writing prior to the scheduled court date, the defendant does not risk failing to appear, which prevents the court from issuing a capias warrant or forfeiting their bail bond. It is important to note, however, that waiving arraignment also means the defense attorney bypasses the opportunity to make an oral motion for bond reduction at that specific hearing, requiring them to schedule a separate, dedicated bond hearing if they wish to contest the bail amount.