What Happens at Arraignment in Florida?

What the rule says

Florida Rule of Criminal Procedure 3.160 says the arraignment consists of the judge, the clerk, or the prosecutor reading the indictment or information to the defendant, or stating the substance of the charge, and calling on the defendant to plead. The defendant can waive the reading. The hearing is conducted in open court or, in the court’s discretion, by audio-video communication technology.

See the glossary entry for arraignment.

The pleas

Rule 3.170 allows three pleas:

• Not guilty. A denial of every material allegation in the charge. If a defendant stands silent or answers evasively, the court enters a plea of not guilty.
• Guilty.
• No contest (nolo contendere), which requires the court’s consent.

The rule says no defendant may be called on to plead until they have had a reasonable time to deliberate. After a plea of not guilty, the defendant is entitled to a reasonable time to prepare for trial.

How it works in practice

• With a lawyer. Counsel may file a written plea of not guilty at or before arraignment, and the arraignment is then deemed waived. The case moves on to discovery and pretrial hearings.
• Without a lawyer. Before arraignment the court must tell the person of the right to counsel and, if they cannot afford one, of the right to a court-appointed lawyer for the arraignment and everything after it. The person signs a financial affidavit, and if the court finds they qualify it appoints counsel. Appointed counsel must be given a reasonable time before the defendant has to plead.
• Giving up a lawyer. A defendant who knowingly waives counsel signs a written waiver that is filed in the case.

What does not happen at arraignment

• No witnesses testify and no evidence is weighed.
• The judge does not decide guilt.
• Release conditions are normally set earlier, at first appearance.

What happens next

After a plea of not guilty the case enters the pretrial stage: discovery, motions, and hearings, followed by a plea, a trial, a dismissal, or diversion. See how the Florida criminal court process works and plea bargains in Florida.

Important exceptions

• Pleading guilty at first appearance. Rule 3.170 allows a defendant charged with a misdemeanor by sworn complaint to plead guilty at first appearance, in which case the judge may enter judgment and sentence without further formal charges.
• A missed or irregular arraignment. The rule says neither affects the validity of the case if the defendant pleads or goes to trial without objecting.

Common questions

Do I have to attend my arraignment?

A defendant must attend unless the arraignment has been waived by a written plea filed by a lawyer or the court has excused attendance. Missing a required hearing can lead to a warrant. See what happens if you miss court in Florida.

Should I plead guilty at arraignment to get it over with?

That is a decision with lasting consequences, and it is the kind of question a lawyer is there to answer. A guilty or no contest plea gives up the right to a trial.

When is the arraignment?

It follows the filing of formal charges. The date is on the notice from the Clerk or on the bond paperwork.

When to speak with an attorney

The plea entered at arraignment sets the direction of the case. A licensed Florida attorney can explain the charge and the options before any plea is entered. A person who cannot afford a lawyer can ask the court to appoint the public defender. More guides are on the Arrest and Court Process topic page.