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What is an Arraignment in Florida?

By: Ben Baxter 6/4/2026

If you have been arrested in Florida, your first court date may be called an “arraignment.” Many people assume that criminal cases immediately proceed to trial and that there will be evidence presented and that witnesses will testify at each hearing. In reality, an arraignment in Florida is typically a brief procedural hearing in which the court will formally advise you of the charges and ask how you wish to “plead.”

Understanding what happens at an arraignment can help reduce stress and uncertainty and allow you to make informed decisions about your criminal case.

what actually happens at an arraignment in Florida?

Arraignments are governed by rule 3.160 of the Florida Rules of Criminal Procedure. A Judge will typically set several dozen cases on an arraignment docket, so you will not be the only person in the courtroom. When your case is called, you may be asked to approach a podium and address the court. The prosecutor will be standing either at a separate podium or at their desk. The Judge will be seated at a desk on an elevated platform in front of you. The Judge will then perform several procedural tasks:

  • The Judge will confirm your identity by putting you under oath and asking you to state your name;
  • The Judge will then inform you of the charge(s) you are facing, whether each offense is classified as a misdemeanor or felony, and the degree of each felony and maximum penalty;
  • The Judge will advise you that you have the right to counsel and ask if you wish to hire counsel, apply for the public defender, or represent yourself;
  • If you wish to apply for the public defender, the court may require you to complete a financial affidavit demonstrating that you qualify for court appointed counsel;
  • Finally, the Judge will ask if you wish to plead guilty, not guilty, or no contest. A plea of guilty or no contest will usually result in a determination of guilt and moving the case directly to sentencing or setting a future sentencing hearing.
    • Guilty: I did it and I want to accept the punishment.
    • Not Guilty: I am preserving my right to challenge the evidence before deciding what action to take with my case.
    • No Contest: I am not admitting guilt, but I am willing to accept the punishment because I believe it is in my best interest to do so.
    • A plea of not guilty allows the judge to continue your case so that your attorney can review the evidence against you and develop a strategic defense to the charges or negotiate a plea bargain with the prosecutor.

In most cases, this hearing will only last a few minutes, and you will be given a future court date.

When does an Arraignment Occur?

Arraignment generally takes place several weeks after an arrest. The State Attorney’s Office will normally file formal criminal charges before an arraignment, but in some cases, charges may not be filed before arraignment.

You should carefully review any paperwork provided by the court and confirm the time, date, and location of your hearing. Failing to appear may result in a warrant being issued for your arrest and your driver’s license being suspended.

Do I have to Attend my Arraignment?

Not always.

If you hire a criminal defense attorney before your arraignment date, your attorney can often file a written plea of not guilty and waiver of appearance. This allows the arraignment to be cancelled and enables your lawyer to begin addressing the case without requiring you to appear in court.

Avoiding unnecessary court appearances can save you time, reduce stress, and prevent you from missing work. Even though an arraignment is a brief hearing, you may spend several hours waiting for the Judge to address your case.

Every County is different, and certain charges or local court rules may require a personal appearance regardless of whether or not you have retained counsel.

What Plea Should I Enter at My Arraignment?

The vast majority of people should enter a plea of “not guilty” at arraignment.

A not guilty plea preserves your constitutional rights and gives your attorney the opportunity to:

  • Review the evidence against you;
  • Investigate the allegations;
  • File appropriate motions;
  • Negotiate with prosecutors; and
  • Develop a defense strategy.

Many people mistakenly believe that pleading not guilty means that they are denying responsibility and will have to take their case to trial. In practice, it simply means you want to give your attorney an opportunity to review the evidence and advocate on your behalf before deciding if you wish to take the case to trial or accept a plea offer.

Am I lying if I plead Not Guilty?

No. Entering a plea of “not guilty” is not a false statement or a declaration that you intend to take the case to trial.

A plea of “not guilty” is simply a procedural step that preserves your constitutional rights and allows your attorney to review the evidence against you, negotiate with prosecutors, file any appropriate motions, and develop a defense strategy specific to your situation and the facts in your case.

Many people believe that pleading “not guilty” is the same thing as declaring their innocence. Instead, a “not guilty” plea requires the State to prove the charges and gives you an opportunity to fully understand your options before deciding how to resolve your case.

In most criminal cases, entering a plea of “not guilty” at arraignment is the best course of action, even if you ultimately decide to accept a plea offer at a later date.

But I do not want a trial, why should I not plead guilty?

Generally, even if you do not want to take the case to trial, it is unwise to plead guilty or no contest at arraignment. Pleading guilty at arraignment forfeits your opportunity to consult with an experienced criminal defense attorney and typically, an informed plea of guilty or no contest cannot be withdrawn just because you regret your decision.

Once a guilty plea is entered, you may be giving up important rights, including:

  • The right to challenge the evidence and confront the witnesses against you;
  • The right to call witnesses on your own behalf and have their appearance compelled by the court;
  • The right to appeal any decisions the court makes in your case;
  • The right to file motions to suppress;
  • The right to trial; and
  • The right to require the prosecution to prove the charges beyond a reasonable doubt.

What Happens After an Arraignment?

If you enter a plea of “not guilty,” your case moves into the pre-trial phase, and you will receive a future court date. This court date may be called a “pre-trial conference,” a “plea negotiation conference,” a “calendar call” or another name. The function of these court dates is similar regardless of what term the clerk of courts uses. In most cases, there will be multiple court dates during the pre-trial phase. These hearings are often non-evidentiary, meaning that the Judge is simply setting a hearing for the parties to advise how the case is proceeding.

During this pre-trial stage, your attorney may:

  • Obtain and review the evidence in your case;
  • Examine body worn and dashboard camera footage;
  • Interview or “depose” witnesses;
  • Conduct legal research;
  • Negotiate with prosecutors; and
  • File motions challenging the evidence in your case.

Many cases are resolved during the pre-trial process without the need for a trial. Depending on the circumstances, charges may be reduced, dismissed, or resolved through a negotiated plea agreement. If a resolution cannot be reached, the case may proceed to trial.

Can Criminal Charges Be Dropped Before Arraignment?

Yes.

In some situations, an experienced defense attorney can begin advocating on your behalf before the arraignment occurs. Early intervention, especially in cases involving domestic violence and DUI allegations, may allow counsel to present favorable information to prosecutors, identify evidentiary weaknesses, or highlight legal issues that support a reduction or dismissal of charges.

The earlier an attorney becomes involved, the more opportunities there may be to influence the direction of the case. In some cases, retaining counsel before arraignment can prevent unnecessary court appearances and create opportunities to seek a reduction or dismissal of charges before the case gains momentum.

Why Hiring an Attorney Before Arraignment Matters

Many people wait until after their arraignment to hire a lawyer. In many cases, that delay can be a missed opportunity.

An attorney retained before arraignment can begin investigating the case immediately, communicate with prosecutors, preserve evidence, and potentially waive your appearance at the hearing altogether.

Most importantly, early representation allows you to make informed decisions from the outset rather than reacting to developments in your case after they occur.

Speak With an orlando Criminal Defense Lawyer

If you have been charged with a crime in Central Florida, it is important to understand your rights before appearing in court. An experienced criminal defense attorney can explain the arraignment process, evaluate the evidence against you, and help develop a strategy tailored to your situation and the facts of your case.

Ben Baxter is an Orlando criminal defense attorney and former prosecutor, and founder of Central Florida Justice. He represents clients facing DUI, misdemeanor, and felony charges throughout Central Florida, including Orange, Osceola, Lake, Polk, Seminole, and Brevard Counties. Call or text Ben directly at (407) 561-1776 to discuss your case.