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WRITTEN WAIVER OF APPEARANCE


FLORIDA CRIMINAL CASE FILINGS | HUSSEIN & WEBBER, PL


The following is a sample Written Waiver of Appearance, filed in a Florida criminal case to excuse a defendant from all pretrial conferences under Rule 3.180. This form is provided for general reference only, and is not intended as a substitute for legal advice or for legal representation by a qualified Jacksonville criminal defense lawyer.


WRITTEN WAIVER OF DEFENDANT’S APPEARANCE

AT ALL PRETRIAL CONFERENCES


Defendant, __________________, by and through the undersigned attorney and pursuant to Rules 3.180(a)(3) and 3.220(p)(1), Florida Rules of Criminal Procedure, and Walters v. State, 905 So. 2d 974 (Fla. 1st DCA 2005), hereby files his written waiver of appearance. In support thereof, Defendant states as follows:   

1. Rule 3.180(a)(3), Florida Rules of Criminal Procedure, states that “[i]n all prosecutions for crime the defendant shall be present . . . unless waived by the defendant in writing.”

2. Rule 3.220(p)(1), Florida Rules of Criminal Procedure, permits a trial court to hold one or more pre-trial conferences and provides that “[t]he defendant shall be present unless the defendant waives this in writing.”

3. In Walters v. State, 905 So. 2d 974, 977 (Fla. 1st DCA 2005), the First District Court of Appeal of Florida held that “absent a finding of good cause for requiring the presence of the defendant at a pre-trial conference . . . the trial court does not possess the discretion to deny a defendant the ability to waive his appearance at pre-trial proceedings, as permitted by rules 3.180(a)(3) and 3.220(p)(1).”