what happens at arraignment in florida with a lawyer

THE ARRAIGNMENT PROCESS IN FLORIDA. The arraignment hearing is a formal court hearing where the charges filed against the defendant, by the prosecutor, are read aloud and the defendant is required to enter a formal response. If an attorney represents you, the arraignment may be rescheduled or eliminated. If you do not have an attorney, you must appear at the arraignment to hear the charges against you and enter a plea.

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What happens at a Florida arraignment?

A Florida arraignment is a time of many firsts. Your arraignment is the first time in which you hear the formal criminal charges against you, the first time you and your attorney go before the court and the first time you will have the chance to speak for yourself.

Will I be held in jail during my arraignment?

In many instances, you will be held in jail during the time leading up to the arraignment so making it to court on time will be a given. In those scenarios in which you are not being held in jail, it is imperative that you show up to court when you are supposed to.

What happens in a Florida criminal court appearance?

In Florida, if the authorities arrest and hold a suspect in custody, they must bring him or her to court within 24 hours of the arrest. The appearance takes place in front of a judicial officer (magistrate or judge). The defendant may appear either in person or by live video feed.

What happens if you plead not guilty to a felony in Florida?

Even if there is an overwhelming amount of evidence against you, Florida judges cannot question a “not guilty” plea. In addition to the three points noted above, the court will also set bail in your case if it applies. Whether you have been charged with a misdemeanor or a serious felony, a conviction can have a life-changing effect on you.

What happens at an arraignment Florida?

Arraignment. The arraignment hearing is the step where the defendant is formally read the nature of the charges against him or her and then is formally asked to enter a plea. If the defendant pleads nolo contendre or guilty, the next step in the process is sentencing.

Can charges be dropped at an arraignment hearing?

Judges do not generally have the authority to dismiss charges at an arraignment, and in practice, they normally do not. With that said, however, the prosecutor can dismiss charges at an arraignment, but only if there is a compelling reason to do.

How long after arraignment is trial?

(See section 1382 of the Penal Code). If the defendant is in custody at the arraignment, the trial must start within 30 days of arraignment or plea, whichever is later. If the defendant is not in custody at the arraignment, the trial must start within 45 days of arraignment or plea, whichever is later.

What happens at an arraignment hearing for a felony in Florida?

At arraignment, the defendant will be formally advised of the charges filed by the State. The defendant is also informed of the right to an attorney. If the accused indicates an inability to afford an attorney but wishes to be represented, the judge may appoint an attorney from the Public Defender's Office to the case.

What is arraignment hearing?

Reviewed September 2019. An arraignment is a hearing. It is where the court formally charges the person who abused you with the crime. If the person who abused you is arrested and the District Attorney files a criminal complaint against them, the first thing that will happen in court is the arraignment.

What happens if you plead not guilty but are found guilty?

If you are found guilty after a trial or after pleading guilty, the Judge will impose a sentence. You should talk to your lawyer or court worker about what happened in court. They will tell you if you have to pay a fine, meet with a probation officer, or follow any special rules. The judge may put you on probation.

Does arraign mean?

Definition of arraign transitive verb. 1 : to call (a defendant) before a court to answer to an indictment : charge. 2 : to accuse of wrong, inadequacy, or imperfection. Other Words from arraign Example Sentences Learn More About arraign.

How is arraignment made?

The arraignment shall be made in open court by the judge or clerk by furnishing the accused with a copy of the complaint or information, reading the same in the language or dialect known to him, and asking him whether he pleads guilty or not guilty.

What is a Florida arraignment?

A Florida arraignment is a time of many firsts. Your arraignment is the first time in which you hear the formal criminal charges against you, the first time you and your attorney go before the court and the first time you will have the chance to speak for yourself. In many instances, you will be held in jail during the time leading up to ...

What happens if you miss a court appearance?

Missing a court appearance will result in a bench warrant for your arrest and additional charges against you. If you feel like you cannot make your arraignment, make sure to deal with this issue ahead of time and avoid starting off your criminal process on the wrong foot.

How many plea options are there after a judge reads the charges against you?

You are asked how you plead to the charges against you. You have three plea options after the judge reads the charges against you: guilty, not guilty and no contest. Before you plea, you should speak at length with your attorney about what each of the options means for your future.

What is the order of events in Florida?

Generally speaking, the order of events looks something like this: crime, arrest, Miranda Rights, phone call, inventory search, booking, arraignment, and jail.

Can a judge question a not guilty plea in Florida?

Even if there is an overwhelming amount of evidence against you, Florida judges cannot question a “not guilty” plea. In addition to the three points noted above, the court will also set bail in your case if it applies.

Can you be held in jail for arraignment?

In many instances, you will be held in jail during the time leading up to the arraignment so making it to court on time will be a given. In those scenarios in which you are not being held in jail, it is imperative that you show up to court when you are supposed to.

What is an arraignment in Florida?

An Arraignment is a crucial stage in Florida’s criminal case process. During an arraignment, the prosecutor reads aloud the charges filed against the defendant and the defendant has to enter a formal response pleading guilty, not guilty, or no contest.

What is the purpose of an arraignment?

Besides learning about the charges, a defendant also learns about their constitutional rights, including: The right to have legal counsel. The court may seek to know whether the defendant intends to hire an attorney.

What happens if a defendant pleads not guilty?

If a defendant pleads not guilty, the prosecutor must gather enough evidence to prove beyond a reasonable doubt that the defendant is guilty. This plea also gives the defense ample time to investigate the case, review the evidence, create a defense, or engage in plea negotiations.

What happens if a defendant is not able to hire an attorney?

If a defendant is not able to hire an attorney, the court may recommend a public defender. The defendant makes a plea of guilty, not guilty, or no contest during the arraignment.

What does it mean to plead guilty to a crime?

After a guilty plea, the judge may sentence the defendant either based on the judge’s assessment of the crime or pursuant to an agreement between the defense and the prosecutor. In a more serious offense, the judge usually sets a separate sentencing hearing. The judge may also request a pre-sentence report.

What is an arraignment?

An arraignment is distinct from the first appearance and the probable cause determination ; it's the point at which the judicial officer informs the defendant of the charges and asks him or her to enter a plea. Before arraigning someone who doesn't have a lawyer, the court must advise the defendant of the right to an attorney, and the right to an appointed lawyer if the defendant can't afford representation. (A defendant must fill out an affidavit, which is a kind of sworn written statement, in order to get appointed counsel.)

What does the judge do when a criminal case is pending?

Criminal charges. The judge will inform the defendant of the pending criminal charges and provide the defendant with a copy of the complaint.

What Is a Probable Cause Hearing?

For defendants who were arrested without a warrant and remain in jail, the court must generally hold a non-adversarial probable cause hearing within 48 hours of warrantless arrest (if the issue of probable cause was not addressed at the first appearance). Basically, at this hearing, the judge determines—usually by reading whatever sworn statement the arresting officer has submitted—whether sufficient grounds exist to believe the defendant committed the charged crime (s).

What is the next step in a criminal case?

Generally, the next step will be the defendant's arraignment, where the judge will read the charges and ask the defendant to enter a plea of not guilty, guilty, or if allowed, no contest (also called nolo contendere ). Many defendants plead not guilty at this point, and the judge will schedule pretrial motions and set the case for trial.

How long does it take for a police officer to appear in court?

Timing of the First Appearance. If police arrest and hold a defendant in custody (jail), they must bring the defendant before the court within 24 hours of the arrest. The first appearance takes place in front of a judicial officer (magistrate or judge). The defendant may appear either in person or by live video feed.

What is the first appearance in Florida?

In Florida, a defendant's first appearance generally marks the beginning of the courtroom process of a criminal case. At this initial appearance, the court will provide defendants with information on certain constitutional rights and the criminal charges pending against them. A defendant might also appear at a probable cause hearing.

What to do if you are arrested?

If you've been arrested or charged with a crime, you should contact a criminal defense attorney as soon as possible. An experienced lawyer can tell you about the law that applies to your case, including any recent changes in the law and any local rules that apply (for example, rules specific to the city you're in). Such an attorney should also be able to help in trying to get you out of jail and guide you through the court process.

What to do before arraignment in Florida?

Before your arraignment in Florida, you should contact a Miami criminal defense attorney to help you review your options for fighting the charges against you. An experienced attorney can help you make sense of your situation, from your arraignment in Florida through your trial.

What happens after a bail bond is set in Florida?

In these cases no bond will be offered. After bond is set, the process of your arraignment will begin . An arraignment in Florida is the court hearing where the criminal charges you face are formally set.

Is a guilty plea a guaranteed sentence?

Many people who find themselves facing criminal charges when they do not have a Miami criminal defense attorney present make the mistake of a hurried admission of guilt. A guilty plea is a guaranteed sentence, while a skilled attorney can explain your defense options for fighting your criminal charges at trial.

What is an Arraignment?

An arraignment is an official court hearing where the defendant hears the charges filed against him or her by the prosecutor and must submit an official reply. In Florida, the arraignment is the initial phase in a criminal proceeding following First Appearance.

What is the Next Step After an Arraignment?

The pretrial conference and hearing usually are the first time, after the arraignment, which a person must reappear in court. During this phase, a criminal defense attorney and prosecutors will debate if a case can probably be resolved without trial through an agreement.

What is the charge document called when a defendant is arrested?

For instance, a defendant who is apprehended of DUI might be officially charged by a prosecutor. The charging document is known as “Information.” The judge will read at arraignment the charges included in the information to the defendant.

What does it mean to plead not guilty?

If the defendant makes this plea, the prosecutor must collect evidence against the defendant and then allow the defense to evaluate the evidence, investigate the case, and decide whether the evidence corroborates that the defendant is guilty. By pleading not guilty, the defendant will just make the state establish the case against him or her.

What happens if a defendant cannot hire a lawyer?

The court might request to understand if the defendant is going to employ a lawyer. If a defendant cannot hire a lawyer, the court might suggest a public defender.

What happens if you don't post a bond?

If the individual does not post a bond, he or she is detained until his or her initial appearance, where his or her bond is evaluated. The person is soon given a court date, which is the arraignment. The individual is held in police custody during his or her arraignment with a judge.

What happens when you are arrested on a criminal charge?

If a person is apprehended on criminal charges, an officer transports him or her to the police station to be booked or gives him or her a Notice to Appear. Booking usually involves being fingerprinted, having pictures taken, and doing other bureaucratic obligations.

What is an arraignment?

An arraignment is a proceeding where a person enters a plea of Guilty or Not Guilty to criminal charges.

What happens if a defendant does not have an attorney?

If a defendant has not retained an attorney by their arraignment date, they must personally appear, and should advise the court they are looking for an attorney, and ask that a plea of not guilty be entered.

What is a determination of counsel hearing?

Most judges will then set the case of a Determination of Counsel hearing, which is a subsequent hearing intended to allow a defendant enough time to obtain an attorney.

Can an attorney waive a client's arraignment in Florida?

While all unrepresented defendant’s must appear for their arraignment, the Florida Rules of Criminal Procedure allow an attorney to waive their client’s arraignment by filing a Written Plea of Not Guilty prior to the arraignment date.

Do you have to appear for arraignment if you file a written plea of not guilty?

Once a Written Plea of Not Guilty is filed, neither the attorney nor the defendant are required to appear for the arraignment. I would estimate that 99‰ of attorneys file Written Pleas of Not Guilty and waive their client’s arraignment.

How long does it take to get arraigned in Florida?

In Florida, once you’ve been arrested, booked (i.e., administrative and procedural processing that takes place at a police station, such as fingerprinting, record search on one’s criminal history, personal search, property confiscation, mug shots, etc.), and either put into police custody or released from custody, you should be given notice of an arraignment proceeding that will take place within 24 hours.

How long does it take to get an arraignment?

Further, you have the right to a reasonable amount of time to consider how you will enter your plea. As arraignments are generally held within 24 hours of booking , this can lead to quite a time crunch — you will likely want to reschedule the arraignment (or waive it) after consult an attorney.

What is plea guilty?

Pleading guilty operates as an admission of guilt to the criminal charges at-issue. The court will then proceed with sentencing. Pleading guilty is generally discouraged, as it can make it much more difficult to negotiate a plea bargain deal with prosecutors for probation, or a reduced sentence.

What are the three pleas in arraignment?

At the formal arraignment hearing, you will have an opportunity to enter one of three different pleas to the individual charges that have been brought against you: not guilty , guilty, and no contest.

What is a no contest plea?

Pleading no contest is allowing for the court to sentence you as though you were guilty of the criminal charges at-issue, but does not operate as a formal admission or denial of guilt. Generally speaking, a no contest plea is entered when you have negotiated a plea bargain deal with prosecutors to minimize or avoid liability.

What happens if you plead not guilty?

If you plead not guilty, then you will have to request a jury trial or a trial by judge, so that further proceedings can be administered in accordance with your request.

What happens if you are arrested in Florida?

In Florida, if you have been arrested and booked, you have a right to an attorney, and you must be given proper notice of this right. If you cannot afford an attorney, then the judge will appoint an attorney to represent you.

What Happens At An Arraignment

At the arraignment, the judge will review the charges to determine whether there is sufficient evidence for probable cause for the arrest. The defendant will be advised of his or her right to retain a lawyer.

Why An Experienced Attorney Is Necessary For The Arraignment Process

Television crime shows make it appear as if very little of any consequence occurs at the arraignment hearing. In fact, it will be your lawyer’s first opportunity to fully review the prosecutor’s evidence and prepare initial arguments regarding the case against you.