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What Happens at Arraignment in Florida?
An arraignment is one of the first formal court appearances in a Florida criminal case. Many defendants assume arraignment is a trial or an opportunity to argue their innocence. In reality, arraignment is a procedural hearing where the court formally advises a defendant of the charges and obtains a plea.
Understanding what occurs at arraignment can help reduce anxiety and allow you to better prepare for the next stages of your case.
What Is an Arraignment?
An arraignment is the proceeding where:
- The defendant is informed of the charges.
- The defendant enters a plea.
- Future court dates may be scheduled.
The court is not determining guilt or innocence at this stage.
Plea Options
The defendant generally has three options.
Not Guilty
Most criminal defense attorneys advise clients to enter a not guilty plea while the defense investigates the allegations.
A not guilty plea preserves important constitutional rights and allows the case to proceed through discovery.
Guilty
A guilty plea is an admission of the allegations.
Before accepting a guilty plea, the court will typically ensure the defendant understands the consequences.
No Contest
A no contest plea is not technically an admission of guilt but generally results in similar consequences as a guilty plea.
Can Arraignment Be Waived?
Yes.
In many Florida criminal cases, defense attorneys file a written plea of not guilty and waiver of arraignment.
This often allows the client to avoid appearing in court for the arraignment hearing.
What Happens After Arraignment?
After arraignment, the case enters the litigation phase.
Common events include:
- Discovery
- Depositions
- Motion practice
- Plea negotiations
- Trial preparation
Many cases are resolved before trial, but every case should be prepared as though trial may occur.
Common Misconceptions
The Case Will Be Resolved at Arraignment
Most cases are not resolved at arraignment.
I Must Explain My Side of the Story
Arraignment is generally not the appropriate time to testify or explain the facts.
The Judge Will Review All Evidence
Evidence is usually addressed later through discovery and motions.
Frequently Asked Questions
Should I plead guilty at arraignment?
Every case is different. Many defendants benefit from consulting an attorney before making any decision that could affect their rights.
What if I miss arraignment?
Failure to appear may result in a warrant being issued.
Can charges be reduced at arraignment?
Although possible, reductions usually occur later through negotiations or litigation.
Related Articles
- What Happens After an Arrest in Florida?
- What Is a First Appearance Hearing in Florida?
- What Is Discovery in a Criminal Case?
- What Happens If My Case Goes to Trial?
- Criminal Defense Attorney Naples
Contact the Law Offices of Jose Nunez, Jr.
If you have been charged with a crime in Southwest Florida, contact the Law Offices of Jose Nunez, Jr. to discuss your case and available defenses.
