Written Waiver of Appearance

Written Waiver of Appearance

150 150 Steven Sessa

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).”

561-203-1609