Legal Question in Criminal Law in Florida

No judge at arraignment

I went to arraignment in criminal court and no judge was present. Prosecutor demanded I plea and I refused without a judge present. I was told that no plea was not an option and if I did not plea then a not guilty plea would be entered for me. I objected to this and wonder if it is proper in a Florida court to make a plea to a prosecutor only?


Asked on 4/09/06, 4:06 pm

2 Answers from Attorneys
Valerie Masters Valerie Masters, P.A.

Re: No judge at arraignment

Rule 1.360 says a plea can be given to a judge or clerk or prosecutor. No judge required.

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Answered on 4/09/06, 4:46 pm
Richard Hornsby Richard E. Hornsby, P.A.

Re: No judge at arraignment

I have never heard of such a procedure being conducted in criminal court. Florida Rule of Criminal procedure 3.170 and 3.172 require a judge to be present and for the plea to be on the record.

With that said though, it is true that if you do not admit to a crime at arraignment or first appearance, Rule 3.171(a) and (c) dictate that a Not Guilty plea be entered on your behalf.

I would suggest obtaining an attorney to help you with this matter.

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Answered on 4/09/06, 7:32 pm


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