Chad M. Seibel
Criminal Defense
407.846.8008
Plea in Absentia in Kissimmee
Arrested on vacation in Kissimmee? Your case may not need you back in Florida.
The court date is in Kissimmee. You're in Ohio, or Toronto, or São Paulo. Before you plan a trip, find out whether the judge may let a lawyer handle it. In some misdemeanor cases, your lawyer can ask the judge to accept a written guilty or no contest plea without you attending. This is commonly called a plea in absentia.
Attorney Chad M. Seibel is a criminal defense attorney with an office in Kissimmee. He does written pleas in absentia regularly for clients who live out of town, out of state or outside the United States, including people who were here on vacation or part-time. Call or text 407-846-8008 for a free consultation.
Don't skip a court date unless your lawyer confirms that the particular hearing has been waived, changed or excused.
What Is a Plea in Absentia?
A plea in absentia is a plea entered while you are not in the courtroom. Written pleas are used in two different ways in a Florida misdemeanor case, and they serve different purposes:
A written plea of not guilty. Early in the case, your lawyer can file a written not guilty plea and waive arraignment, so you don't have to attend that hearing. This does not end the case or excuse you from later hearings.
A written plea that resolves the case. If the case is going to end in a plea of guilty or no contest, your lawyer can ask the court to accept your signed plea and to excuse you from the plea and sentencing hearings. A guilty or no contest plea in your absence requires the court's approval.
Does Florida Allow It?
Yes. Florida's criminal rules say a person charged with a misdemeanor may, at their own request and with leave of court, be excused from attending some or all court proceedings. The rules also allow some plea and sentencing hearings to take place with you appearing by video, if you waive being there in person and the court accepts the waiver. Excusing your attendance for a plea that resolves the case, or allowing you to appear by video, requires court approval, and practices vary from judge to judge.
Which Cases May Be Suitable
Written pleas are mainly used in misdemeanor and criminal traffic cases in county court. Examples for visitors to Kissimmee include these charges, when they are charged as misdemeanors:
Petit theft and shoplifting, including theme park and outlet store cases
Driving while license suspended and other criminal traffic charges
Misdemeanor DUI (sometimes called DWI), such as a first DUI, if the judge approves
Misdemeanor drug possession, criminal mischief and simple assault and battery charges
Felony cases are different. In a felony case you are generally required to be present for the plea and for sentencing, although some hearings may be done by video if the court allows. If your charge is a felony, ask which hearings you must attend.
Not every misdemeanor is a fit. A judge may want you in court for some charges, such as domestic violence cases, or when an alleged victim wants to be heard. Civil traffic infractions follow separate traffic procedures.
How It Works, Step by Step
Much of this can happen from wherever you live, by phone, email and video.
1. Free consultation by phone or video. You explain what happened and send the paperwork you were given at release: the arrest affidavit, notice to appear, citation or bond papers.
2. Your lawyer appears for you. Chad Seibel files a notice of appearance and, where it fits, a written plea of not guilty, so the case doesn't move forward without you being represented.
3. Review of the evidence. Your lawyer requests the available discovery and reviews the evidence, which may include reports, recordings and witness information. Some cases have problems that matter before any plea is discussed, such as an unlawful stop or search, or weak proof of intent.
4. Talking with the prosecutor. Chad Seibel speaks with the State Attorney's Office about how the case could be resolved. Depending on the case, options may include a dismissal, a reduced charge, pretrial diversion or a withhold of adjudication where legally available. A plea to DUI itself requires an adjudication of guilt. No outcome is guaranteed.
5. You decide and complete the paperwork. You decide whether to accept a proposed resolution. Your lawyer explains the plea, the rights you give up and the possible consequences, then gives you instructions for the required forms, notarization and any supporting documents.
6. The court rules on it. Your lawyer files the plea and asks the judge to accept it in your absence. If the judge accepts it, the sentence is entered and your lawyer sends you the paperwork and a list of what you need to do next. If approval is denied or the court needs more information, your lawyer will explain the next step and any required appearance.
What You Still Have to Do After the Plea
Skipping the trip doesn't skip the sentence. An approved plea in absentia may avoid a return trip for the plea hearing, but the sentence still has to be completed. Depending on the charge and the judge, that can include:
Fines and court costs, which can usually be paid without coming to Florida.
Classes or community service. Ask whether these can be done where you live. Some courts allow it, some don't.
Probation. Whether supervision can be handled where you live, by mail or through an interstate transfer depends on the sentence, the applicable rules and approval. Arrange this before accepting a plea. Don't assume that living elsewhere or pleading in writing settles the supervision question. See Transferring Probation to Another State.
DUI requirements. Resolving a DUI by written plea does not waive the sentence or license requirements. Before accepting a plea, review any required DUI program, probation, community service and vehicle impoundment or immobilization, including whether approved arrangements or statutory exceptions apply.
A DUI arrest can also trigger separate administrative driver's license deadlines. See DUI license review and the 10-day deadline.
Your Driver's License Back Home
A Florida case can follow you home through your driver's license. A Florida traffic conviction can affect an out-of-state driver's license. Reporting and suspension rules depend on the offense and on the state that issued your license. Before accepting a plea, review both the Florida driving restrictions and the possible consequences in your home state.
If You Are Not a U.S. Citizen
For visitors from abroad, the plea itself can matter more than the trip. Many people arrested in Kissimmee are visiting from other countries. If you have already gone home to another country, your case can still be handled with a Florida lawyer, and depending on the charge and the judge, you may not need to come back. A plea of guilty or no contest can lead to deportation or affect future visas and travel for someone who is not a U.S. citizen, and Florida plea forms say so. A withhold of adjudication can still count as a conviction for immigration purposes. Before entering any plea, a non-citizen should also get advice from an immigration lawyer. It helps to have your defense lawyer and your immigration lawyer look at the plea together.
Hablamos español. Atendemos em Português.
Already Missed Your Court Date?
If you missed a required court date, check the case promptly with a lawyer. A warrant may have been issued. Your lawyer can review whether to ask the court to recall or quash it, but relief is not automatic, and the judge may require your participation or appearance before the case can move forward. See Failure to Appear.
A Former Prosecutor Who Knows This Courthouse
Chad Seibel is a former prosecutor. From 2013 to 2016 he served as an Assistant State Attorney in Florida's Ninth Judicial Circuit, which covers Orange and Osceola counties, working mostly in Osceola. He is Of Counsel at Perez LaSure Law. See Criminal Defense Lawyer in Kissimmee.
Frequently Asked Questions
Can I handle my Florida case from home?
Not always. In some misdemeanor and criminal traffic cases, the judge will allow the case to be resolved by written plea. Felony cases usually require you to attend some hearings, in person or by video if the court allows it.
Can my lawyer plead not guilty for me?
Yes. In Florida a lawyer can file a written plea of not guilty and waive arraignment, so you don't have to attend that hearing. It doesn't excuse you from later hearings.
Will a plea in absentia give me a criminal record?
Pleading in writing does not prevent arrest or court records. The effect on your record depends on how the case ends and on any record relief available. A withhold of adjudication is not the same as having no record. Sealing and expungement have separate eligibility requirements, so discuss them before you decide.
Can a DUI be resolved without coming back?
A misdemeanor DUI may be handled this way if the judge approves. Florida's DUI requirements still apply, and your home state may also act on your license.
How do we talk if I live far away?
By phone, text, email or video. Your lawyer will explain how to complete and return the required documents. Some paperwork may need to be notarized or come with other items such as fingerprints, so an electronic signature alone may not be enough.
How much does a consultation cost?
The first consultation is free. Call or text 407-846-8008.
Already Home? Your First Call Can Be From There.
Find out whether your case can be handled from home. If you were arrested while visiting Kissimmee or Osceola County, call or text 407-846-8008 for a free, confidential consultation. From outside the U.S., dial +1 407-846-8008. Calling about a family member? You can call too. Calling before your first court date gives your lawyer time to file the right papers and review the case. You can also request a consultation online.
Attorney Chad M. Seibel, Of Counsel at Perez LaSure Law. Office in Kissimmee. Consultations and meetings available throughout Florida by appointment. Hablamos español. Atendemos em Português.