What Happens at a DUI Arraignment in Naples and Collier County?

The short answer: If you hire a private attorney after a DUI arrest in Naples, you usually do not attend your arraignment. Your attorney files a combined notice of appearance and waiver of arraignment, the court cancels the hearing, and your case is set for a pretrial conference about three to four weeks later. If no attorney represents you, you must attend. Missing it can lead to a warrant for your arrest.

Your first hearing: the first appearance ("24-hour hearing")

After an arrest in Collier County, your first court hearing is called the first appearance. In Naples it is also called the 24-hour hearing. At this short hearing, a judge decides three things:

• Whether there was probable cause to arrest you for the charge

• What bond is appropriate

• What other release conditions apply while your case is pending

What is an arraignment?

The arraignment is the next scheduled court event in a Collier County DUI case. It is the hearing where you are formally told what you are charged with. You are also asked how you want to plead, such as not guilty or no contest.

Do I have to go to my DUI arraignment in Naples?

It depends on whether a private attorney represents you.

If you have hired a private attorney: You generally do not need to attend if your attorney has filed a written plea of not guilty and properly waived arraignment. Confirm with your attorney that the necessary filings have been completed and your attendance is not required. Once that is confirmed, I do not recommend attending.

If no attorney represents you: Yes. If you miss your arraignment without an attorney handling it for you, the court will note your absence and issue a bench warrant for your arrest.

This is one of the first questions my clients ask me. Here is why the answer differs so much.

Why I advise my clients not to attend

In Naples, arraignments are largely used by court staff and prosecutors to speak with people who do not have a lawyer. Unrepresented defendants are typically asked:

• Whether they are hiring a private attorney

• Whether they plan to apply for a public defender and are financially qualified

• Whether they want to plead guilty and accept the prosecutor's offer on the spot

None of these apply once you have retained private counsel. The court knows this, which is why the process is different for represented clients.

How your attorney handles the arraignment for you

When you hire our firm, we electronically file a single pleading with the court: a notice of appearance and waiver of arraignment. Once it is filed, your arraignment is canceled. Under a standing administrative order issued by the court's administrative judge, which applies to all cases, your case is then set for a pretrial conference, usually about three to four weeks later.

Because the hearing is canceled, nothing happens at the arraignment for our clients. Clients sometimes call afterward to ask how it went. The answer is that it did not take place, because we followed the court's procedure.

"The officer told me I had to go to court."

This is a common source of worry. At the time of arrest, officers often tell people they must attend their arraignment or they will be arrested. That is true for someone without a lawyer. It is not the full picture for someone whose private attorney has filed the proper paperwork.

If you were given that warning and have since hired an attorney, ask your attorney to confirm that the waiver has been filed. Then you can set the worry aside.

What happens next: the pretrial conference

After the arraignment is waived, the next court date is the pretrial conference. Your presence may be required there, but in my experience it rarely is. I explain why in What Happens at a Pretrial Conference in a Naples / Collier County DUI Case?.

Don't forget your driver's license deadline

A DUI arrest in Florida starts two separate processes: the criminal case in court and an administrative suspension of your driver's license. The license process has its own short deadline, generally 10 days from the arrest, to request a formal review hearing or other relief. That deadline is not affected by your arraignment.

Frequently asked questions

• Does waiving arraignment mean I'm admitting guilt?
  
  No. Waiving arraignment only means you skip that hearing.
   
• Will my lawyer have news for me after the arraignment date?
  
  Usually not. When the arraignment is waived, the hearing is canceled, so there is nothing to report.
   
• What if my arraignment is coming up and I haven't hired a lawyer yet?
  
  Either attend the arraignment or retain an attorney early enough for them to file the waiver before your court date. Do not simply skip it.
   
• Do I have to attend the pretrial conference?
  
  Sometimes, but rarely. See our article on pretrial conferences in Collier County.

About the author

Dan Cavanaugh is a partner at The Law Offices of Cavanaugh & Cavanaugh P.A.  in Naples, Florida, where he leads the firm's DUI Law Group. He focuses on DUI and criminal defense in Collier County. A former prosecutor, Dan has practiced law for nearly 30 years and has been a member of The Florida Bar since 1997. He holds the Forensic Lawyer-Scientist designation from the American Chemical Society (ACS).

This article provides general information about Collier County court procedures and is not legal advice for any specific case. If you've been arrested for DUI in Naples, contact DUI Law Group at Cavanaugh & Cavanaugh PA at through our contact form to discuss your situation.

DUI Law Group is a part of Cavanaugh & Cavanaugh PA, serving clients charged with DUI in Naples and throughout Collier County, Lee County, and nearby counties.