An arraignment is where a Florida criminal case formally begins in front of a judge, and for most people who hire a lawyer, it is a hearing they never have to attend in person.
Questions About Arraignment in Florida
What is an arraignment?
An arraignment is the formal court proceeding where a defendant is advised of the charges against them and asked to enter a plea. It is governed by Florida Rule of Criminal Procedure 3.160, which allows the judge, clerk, or prosecutor to read the charges or state their substance. The Florida Supreme Court clarified in In re Rule 3.160(a), Florida Rules of Criminal Procedure that the judge’s role in this process was intentional, correcting an earlier drafting change that had left the judge out. Nothing about guilt or innocence is decided at this stage. No witnesses testify, and the judge does not hear arguments about the facts of the case.
When does arraignment happen after an arrest?
Generally a few weeks after arrest, not within hours. Arraignment generally happens after the State Attorney’s Office files its formal charging document, which is a separate step from the arrest itself. If charges were filed after an investigation without an initial arrest, arraignment can be the first time the case appears in court at all. See our full Criminal Case Timeline for how arraignment fits alongside first appearance and the filing decision.
What plea options do I have at arraignment?
Three: not guilty, guilty, or no contest. A not guilty plea is what the overwhelming majority of defendants enter and what most defense attorneys recommend, regardless of the underlying facts. It requires the State to prove its case rather than claiming innocence, and it preserves every right the defendant has, including the right to a jury trial, the right to challenge evidence, and the right to negotiate from a position of leverage. A guilty plea is an outright admission that sends the case directly to sentencing, without any opportunity to review the State’s evidence or file pretrial motions. A no contest plea, also called nolo contendere, does not admit guilt but accepts the punishment as though guilty, and carries different consequences than a guilty plea in later civil proceedings.
Do I have to appear at arraignment in person?
Generally, no, if a private attorney is retained before the hearing date. Under Rule 3.160, a defendant’s counsel can file a written plea of not guilty before or at arraignment, and the rule deems the arraignment waived. The case then moves directly into the pretrial phase without a court appearance. Felony cases are governed separately by Florida Rule of Criminal Procedure 3.180, which addresses a defendant’s required presence, and some judges still require a defendant to appear even when counsel has filed the written plea. This should always be confirmed with counsel rather than assumed.
What happens if I don’t have a lawyer yet at arraignment?
The court is required to advise an unrepresented defendant of the right to counsel, and to appoint a lawyer before requiring a plea if the defendant cannot afford one. A defendant is not left to figure out the plea options alone at this stage. See our breakdown of what hiring a private criminal defense attorney costs in Miami if you’re weighing that decision before your court date.
Can I change my plea after arraignment?
Yes. A not guilty plea entered at arraignment is not binding for the rest of the case. It can be changed to guilty or no contest at any later point before trial, most commonly as part of a negotiated plea agreement once the defense has had a chance to review the evidence. See our full breakdown of what to know before taking a plea deal for how that decision generally gets made.
Why the Not Guilty Plea Is the Default Choice
Entering a not guilty plea at arraignment is not a claim of innocence. It is a procedural decision that keeps every option available. Pleading guilty at this stage, before the defense has seen the State’s evidence or filed a single motion, gives up leverage that cannot be recovered later. That is why the not guilty plea is standard practice even in cases where a plea agreement is eventually expected, and why most defense attorneys recommend it regardless of how the underlying facts look.
What Stays the Same After Waiving Arraignment
Waiving the arraignment hearing is a procedural shortcut, not a substantive one. The charges stay the same whether they are read aloud in court or filed in writing, and a not guilty plea preserves the same rights either way. Every court date going forward still demands attention: bond conditions, discovery deadlines, and later hearings all require close attention, and treating a case as passive after arraignment is a common and costly mistake. See our full Bail and Bond Guide for what bond conditions generally look like once a case moves past this stage.
If You Have an Arraignment Date Coming Up
What happens at your arraignment, and whether you need to appear in person, depends on the charge and the county handling the case. If you have an arraignment date and are unsure what to do next, call me directly. Calls reach me, Andre Rouviere, not an intake center, and the first consultation is free with no obligation to hire the firm. If it’s after hours or the weekend, the office keeps a 24-hour answering service.