In most criminal cases, the arraignment process is your first court hearing after the government has formally charged you with a crime. In this article, I will explain what the arraignment process involves, what happens at one, and what you can expect.
The arraignment is typically your first court hearing with the judge responsible for your case. They are typically held about three to four weeks after the government formally charges you with a crime. The purpose of the arraignment is for the judge to make sure the defendant is aware of the government’s accusation, find out what the defendant’s plan is for representation and to set the case for a further hearing, typically a pre-trial conference.
What if you have not hired a lawyer?
If you have not hired a lawyer, you absolutely must attend your arraignment. Make sure you are dressed appropriately and in the judge’s court room on the day and time of your notice. If you are not, the judge can revoke your release status, issue a capias (a type of warrant) for your arrest, and you could be charged with a new criminal violation of Failure to Appear for which you could receive additional jail or prison time.
There will likely be a number of people there to see the judge so plan accordingly. When the judge is ready to conduct your arraignment, they will call your name and you will go up to the lectern in the middle of the courtroom.
The judge will then inform you of what crime the government has formally charged you with. This may, or may not, be different than the crime you were arrested for.
Plea to a Charge
The judge will then ask you for your plea to the charge. If you want to, or better yet want a lawyer to, review the government’s evidence against you, attempt to negotiate a better resolution to your case, or maintain your innocence, then you would enter a not guilty plea. This is what happens in the vast majority of misdemeanor cases and virtually all felony cases.
Steps to Enter Into a Not Guilty Plea
Assuming you have entered a not guilty plea, the judge will then want to know what you want to do for representation. Every criminal defendant has up to three options for representation:
- you can represent yourself. Judges typically discourage this and it is widely considered an unwise decision, but you have the absolute right to represent yourself if you wish
- If you have the financial means, you can hire a lawyer of your choice. Let the judge know your intention to hire a lawyer. The judge may then ask you what steps you have taken so far to secure your representation.
- If you want a lawyer to represent you, but do not feel you have the financial means to hire one, you can ask the judge to appoint a lawyer to represent you. The judge will then likely place you under oath to answer questions about your financial situation and/or require you to complete a sworn financial affidavit. If after considering your answers and your affidavit, they determine you are indigent, they will appoint the Public Defender’s office, who will then assign an Assistant Public Defender to represent you. If they find you are NOT indigent, you will either have to hire a lawyer or represent yourself.
- Finally, the judge will set your case for a new hearing to come back and talk about the case. These hearings are typically, but not always, called a pretrial conference.
Retaining a Layer in Florida
If you have already retained a lawyer before your arraignment, then good news, MOST jurisdictions in Florida, allow your lawyer to handle your arraignment by filing pleadings with the court! In those jurisdictions, neither you, nor your lawyer, need to attend the arraignment. ALWAYS check with your attorney to make sure if your attendance is required or waived.
This proceeding document is for informational use only and is in no way offered as legal advice. Use of this page does not create an attorney/client relationship with Showalter Law or its staff. If you have a pending legal matter, please consult with an attorney.