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Do I Have To Appear In Court?

Typically, you have to go to court unless you are represented by a criminal defense attorney. If you are represented and your attorney has filed a written plea of not guilty, your presence at the arraignment is waived unless other issues must be addressed, such as your bond status. This may occur if the state is adding new charges and wants the court to increase your bond. Then you may have to be present because you may be taken into custody and may have to post a new bond.

In a felony case, your presence can be waived if a written waiver is filed. Then you can be represented in absentia by your attorney at soundings, calendar calls, report, and status settings For felonies, you still must be present for the start of your trial.

For misdemeanor cases, an accused may be tried in absentia. A written waiver must be filed.

If you reside outside of the State of Florida and are charged with a misdemeanor (perhaps you were arrested while on vacation), have your attorney file a waiver. That way, he or she can represent you without you ever having to come to Florida.

If you are charged with a felony, you will have to appear if your case is going to proceed to trial.

If you are not represented and you fail to appear in court, a bench warrant will be issued if the charge is a misdemeanor, or an alias capias will be issued if your case is a felony.

If you have questions about your Miami-Dade or Broward criminal charges, call me.