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Waiving Arraignment While all unrepresented defendants must appear for their arraignment, the Florida Rules of Criminal Procedure allow an attorney to waive their clients arraignment by filing a Written Plea of Not Guilty prior to the arraignment date.
Considered the first formal step of the criminal court process, an arraignment is a pre-trial court hearing in which you are formally charged.
When Does Arraignment Occur? Arraignment must occur within a reasonable time after arrest and usually within 48 to 72 hours of an arrest if the suspect is sitting in jail. If the suspect has bailed out or was issued a citation, the arraignment typically occurs several weeks later.
Notice of Appearance: Overview. A notice of appearance alerts the court, the parties, and their lawyers of an attorneys involvement in the case. Attorneys typically file a notice of appearance with the court as soon as they anticipate appearing in a case.
A prosecutor may drop a criminal charge if it is determined that the evidence against the accused isnt strong enough. Or, perhaps new evidence is found which undercuts the prosecutions case against the defendant.
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Presenting Exculpatory Evidence The Prosecutor needs to believe that you committed the offense to be able to charge you. But if you can provide any evidence, in the form of witnesses or physical evidence, that proves you did not commit the offense, the Prosecutor will get your charges dropped.
If you sign a waiver of appearance form, your attorney will be able to appear on your behalf for all pretrial court hearings. In some cases, depending on how your case is resolved, you may not have to return to Florida to appear in court.
Some Defendants May Be Taken Into Custody at the Arraignment In other cases, the judge may order the defendant taken into custody. If that is the case, the defendant will eventually be entitled to a bail hearing where they can challenge the judges decision and seek their release on bail.
If you sign a waiver of appearance form, your attorney will be able to appear on your behalf for all pretrial court hearings. In some cases, depending on how your case is resolved, you may not have to return to Florida to appear in court.
With that said, however, the prosecutor can dismiss charges at an arraignment, but only if there is a compelling reason to do. An example of a compelling reason is if the prosecutor uncovers that a defendant was wrongly charged with a crime.

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