Below is a general, step-by-step look at how arraignment usually works in Hillsborough County at the time of this writing. Local procedures change and every case is different, so for answers about your own case, call or text Attorney Ron Frey for a free and confidential consultation at (813) 775-2276 or toll-free at (844) 766-3739.

The Laws Involved

In Florida, the arraignment process is generally governed by Rule 3.160, Florida Rules of Criminal Procedure (Arraignment), which addresses how a defendant is formally told of the charges and asked to enter a plea, including the option for a represented defendant’s attorney to file a written plea of not guilty. Related rules include Rule 3.180 (Presence of Defendant) and Rule 3.134 (Time for Filing Formal Charges), which addresses how long the State generally has to formally charge someone after an arrest. Hillsborough County cases are heard in Florida’s Thirteenth Judicial Circuit, which also issues its own administrative orders on how criminal cases are scheduled. Laws are subject to change and revision, so contact Attorney Ron Frey to discuss the details of your case and the current status of the law.

The Road From a Hillsborough Arrest to Arraignment

Most Hillsborough County cases follow the same general path:

1. Arrest and booking. A person arrested in Tampa, Brandon, Plant City, or elsewhere in the county is generally booked into one of the county’s jails. 2. First appearance. Anyone still in custody generally sees a judge within 24 hours at first appearance, where probable cause, bond, and release conditions are addressed. 3. The State Attorney’s review. Prosecutors at the Thirteenth Circuit State Attorney’s Office review the reports and decide what charges, if any, to formally file. The charges in court can end up different from the ones listed on the arrest paperwork. 4. Notice of arraignment. Once charges are filed, the clerk generally sends written notice of the arraignment date. People who are still in custody are generally arraigned sooner than people who have been released.

Misdemeanor cases are handled in County Court and felony cases in Circuit Court, but the arraignment step works in a similar way in both.

You Are Generally Required to Attend

In general, a person charged with a crime in Hillsborough County is expected, and ordered, to appear at the arraignment. Missing it can result in the court issuing a warrant for the person’s arrest. No one should read this page and assume they don’t have to go.

The One Exception: A Written Plea and Waiver Your Attorney Confirms

Florida’s rules allow a defendant’s attorney to file a written plea of not guilty and a waiver of arraignment. In Attorney Ron Frey’s general practice, when he is retained, he typically files a written waiver of arraignment along with a written plea of not guilty so the client can be excused from appearing. He takes the steps to confirm that everything was properly filed, submitted to the court, and accepted in time before he confirms that a client does not need to appear.

Unless your attorney has confirmed this for your case, plan to attend your arraignment. Contact Attorney Ron Frey to discuss whether a written plea of not guilty and waiver of appearance can be filed in your case.

If You Go to Arraignment on Your Own

A person without an attorney is expected to attend. The judge generally confirms the charges, addresses the right to an attorney, and asks for a plea. It can be tempting to plead guilty or no contest just to be finished, especially on a misdemeanor, but a plea can leave a lasting record. It is generally wise to speak with an attorney before entering any plea other than not guilty.

After Arraignment: Disposition Dates and Pretrial Dates

Once a not guilty plea is entered, the case moves into the pretrial stage. The defense can request discovery, meaning the evidence the State has, and look at possible motions and options. In Hillsborough County, the next court dates are often called disposition dates or pretrial dates. Diversion programs exist in Hillsborough County, and some people may qualify. Our post on Hillsborough pretrial intervention explains more.

A Short Checklist While You Wait

• Keep your release paperwork and any court notices together.
• Make sure the clerk has your current mailing address.
• Follow every bond and release condition.
• Avoid discussing the case on recorded jail calls, by text, or on social media.

Attorney Ron Frey generally advises anyone who has been arrested or contacted by law enforcement to use the right to remain silent and speak with an attorney before making any statement.

Hillsborough Arraignment Questions We Hear Often

I bonded out. Do I still have an arraignment?

Generally yes. Release on bond does not end the case. The arraignment is still set once formal charges are filed, and you are generally required to attend unless your attorney has filed a written plea and waiver that the court accepted, and has confirmed you don’t need to appear.

Can a family member hire an attorney for me?

Yes. Families often make the first call, especially while a friend or family member is still in custody. The attorney still represents the person charged and works with them directly.

What if my arraignment notice never arrived?

Notices can be delayed or sent to an old address. An attorney can check the court record and confirm the date.

What if I miss my arraignment?

Missing an arraignment can result in the judge issuing a warrant for your arrest. If you’ve missed a date, or think you might, call an attorney right away.

Is arraignment the time to tell the judge my side?

Generally no. Arraignment is not the place to explain what happened, and anything said in court can be used later. Your attorney can decide how and when your side is presented.

Have a Hillsborough County Arraignment Date? Call Attorney Ron Frey.

Attorney Ron Frey has over two decades of experience defending people in Tampa and throughout Hillsborough County, in both misdemeanor and felony cases. Call or text for a free and confidential consultation at (813) 775-2276 or toll-free at (844) 766-3739. You can also read our overview of arraignment in Florida, learn more about our Hillsborough County criminal defense work, or see what to do when a family member is arrested.

This post is general information at the time of this writing and is not legal advice. Laws and local procedures change, so contact an attorney about your specific situation.

In a sense, it has. A VOP is not a fresh prosecution of the original charge. It is the court deciding whether the person broke the terms of the probation it imposed and, if so, what to do about it. The possible outcomes run from continuing probation, sometimes with added conditions, to a jail or prison sentence on the original charge. Attorney Ron Frey has handled many violation of probation cases in Hillsborough, Pinellas, and throughout Florida. (See our Hillsborough County criminal defense page.)

How a VOP Case Begins

A violation case usually begins with the probation officer. The officer reports to the court that a condition was not followed, often in a sworn affidavit, and the judge may issue a warrant. In some situations the court can issue a notice to appear instead, and in others a person can be arrested without a warrant.

For many people, the first sign is the arrest itself. Others hear that a report was filed and are left wondering what comes next. Either way, a violation of probation arrest in Tampa moves on its own track, separate from any new charge, and it often moves quickly.

Bond May Not Be Automatic

Many people expect a VOP to work like a new arrest, with a bond amount on a schedule. Often it doesn’t. A VOP warrant may say “no bond,” which can mean the person stays in custody until a judge addresses release or holds the violation hearing.

Florida law gives judges discretion over release in many VOP cases, and for certain categories of probationers it limits release before a hearing. The result is that some people wait in jail for weeks before their case is heard. (We have written about how time in custody before a hearing can change how a case unfolds.) A defense lawyer can ask the court to address release, and in some cases to move the hearing along. For more on how release decisions work after an arrest generally, see our post on first appearance in Hillsborough County.

Technical Violations and New-Law Violations

Violations generally fall into two groups, and the difference matters.

Technical violations involve the conditions of probation themselves. Examples can include:

• missing an appointment with the probation officer,
• a positive or missed drug test,
• falling behind on court costs, fines, or restitution,
• not finishing classes, treatment, or community service hours on time, and
• breaking a curfew or moving without permission.

New-law violations are allegations that the person committed a new offense while on probation. That usually means two proceedings at once: the new criminal charge, and the VOP on the old case. The VOP can move forward even before the new charge is resolved, and the rules of a violation hearing are different from a trial. An accusation that might not hold up in a trial on the new charge can still be raised at the violation hearing.

In some situations, lower-level technical violations can be resolved without a full violation hearing. Those options change over time and vary by court, and whether one is available depends on the person, the violation, and the county.

What Happens at a VOP Hearing

A violation of probation hearing is decided by a judge, not a jury. The standard of proof is lower than at a criminal trial. In plain terms, the question is usually whether the person violated a condition, and whether the violation was willful and substantial, not an honest mistake or something outside their control.

That opens real room for a defense. Was the condition clearly imposed and explained? Was a missed payment about an inability to pay rather than a refusal? Is the evidence of a new offense reliable, or is it secondhand? Did the probation officer’s records get it right? (Allegations of a new offense such as battery often turn on conflicting accounts.) Even when a violation is clear, the context surrounding it can matter a great deal to what the judge decides.

Hillsborough and Pinellas Each Have Their Own Rhythm

A violation of probation case in Tampa and one in Pinellas County, for probationers in St. Petersburg and Clearwater, follow the same state law, but local procedures and expectations differ. Knowing how a particular courthouse handles release, scheduling, and alternatives can shape the approach. (See our Pinellas County criminal defense page and our full list of criminal defense practice areas.)

Probation also is not the same thing as a diversion program, even though the conditions can look alike. A person who falls short in pretrial intervention faces a different process, which we explain in our post on Hillsborough pretrial intervention.

Frequently Asked Questions

Will I get a bond on a VOP?

Maybe not right away. In many cases, release is up to the judge.

Is a VOP a new criminal charge?

No. It is part of the original case, though a new-law violation may come with a separate new charge.

Is there a jury at a violation of probation hearing?

No. A judge decides.

Can a missed payment be treated as a violation?

It can be alleged. Whether it was willful is often a key question.

Accused of Violating Probation? Let’s Talk.

If you would like to speak with an experienced criminal defense lawyer about a violation of probation in Hillsborough, Pinellas, or elsewhere in Florida, or you have further questions, don’t hesitate to contact Attorney Ron Frey of The Frey Law Firm, LLC. Your consultation is free and confidential. You can talk with us by phone, by video, or at our Tampa office, and when the situation calls for it, we can come to you.

Call or text (813) 775-2276. Rapid response, 24/7.

This post is for general information only. It is not legal advice, and reading it or contacting us does not create an attorney-client relationship.

Laws on probation and probation violations are changing quickly, and how they apply depends on the facts of each case and on how courts interpret them. Please don’t rely on this post, or on any other information online, to make decisions about your situation. Talk with a lawyer.

What does arraignment mean? An arraignment is a short, early court hearing in a criminal case. The judge formally tells the accused person the charges and asks for a plea, usually “not guilty.” It is not a trial. No evidence is heard and no one decides guilt. In Florida, a lawyer may file a written not guilty plea instead.

This post explains how arraignment generally works under Florida law, at the time of this writing. Procedures change, so for answers about a specific situation, call or text Attorney Ron Frey for a free, confidential initial consultation at (813) 775-2276 or toll-free at (844) 766-3739.

The Laws Involved

In Florida, the arraignment process is generally governed by Rule 3.160, Florida Rules of Criminal Procedure (Arraignment), which addresses how a defendant is formally told of the charges and asked to enter a plea, including the option for a represented defendant’s attorney to file a written plea of not guilty. Related rules include Rule 3.180 (Presence of Defendant), Rule 3.134 (Time for Filing Formal Charges), which addresses how long the State generally has to formally charge someone after an arrest, Rule 3.220 (Discovery), which addresses the exchange of evidence between the prosecution and the defense, and Rule 3.191 (Speedy Trial), which addresses the time limits for bringing a case to trial. Laws are subject to change and revision, so contact Attorney Ron Frey to discuss the details of your case and the current status of the law.

What an Arraignment Is

An arraignment is generally the court date where a person is formally told what they are charged with and asked to enter a plea. In most cases the plea entered is not guilty, which simply keeps every option open while the defense reviews the evidence. An arraignment is a different hearing from first appearance, which generally happens within 24 hours of an arrest for someone held in custody and deals with probable cause, bond and release conditions.

Where Arraignment Fits in the Timeline

After an arrest and first appearance, the case generally goes to the State Attorney’s Office, which reviews the reports and decides what charges, if any, to formally file. Once formal charges are filed, the clerk generally schedules an arraignment and sends notice of the date. Florida’s rules set time limits on how long the State generally has to file formal charges, and those rules have been updated, which is one more reason to ask an attorney about the timing in your own case.

You Are Generally Required to Attend Your Arraignment

In general, a person charged with a crime is expected, and ordered, to appear at the arraignment. Missing an arraignment can result in the court issuing a warrant for the person’s arrest. No one should read this page, or any website, and assume they don’t have to go.

The One Exception: A Written Plea and Waiver Your Attorney Confirms

Florida’s rules allow a defendant’s attorney to file a written plea of not guilty and a waiver of arraignment. In Attorney Ron Frey’s general practice, when he is retained, he typically files a written waiver of arraignment along with a written plea of not guilty so the client can be excused from appearing. He takes the steps to confirm that everything was properly filed, submitted to the court, and accepted in time before he confirms that a client does not need to appear.

Unless your attorney has confirmed this for your case, plan to attend your arraignment.

What Happens at the Arraignment If You Don’t Have an Attorney Yet

A person without an attorney is expected to attend. The judge or clerk generally confirms the charges, explains the right to an attorney, and asks how the person pleads. Someone who can’t afford a lawyer may ask about the public defender. People sometimes feel pressure to “get it over with” by pleading guilty or no contest at arraignment, especially in a misdemeanor case. A plea can have lasting consequences, including a criminal record, so it’s generally wise to speak with an attorney before entering any plea other than not guilty.

What Happens After the Arraignment

Once a not guilty plea is entered, the case generally moves into the pretrial stage. The defense can request discovery, meaning the police reports, videos, witness information and other evidence the State has. Future court dates are set. In Hillsborough County these are often called disposition dates or pretrial dates, while in Pinellas County they are generally called pretrial dates. During this stage, the defense may file motions, negotiate with the prosecutor, or prepare for trial. Diversion programs, such as pretrial intervention, exist, and some people may qualify. You can read more in our posts on Hillsborough pretrial intervention and Pinellas pretrial intervention.

What You Can Do Right Now

Attorney Ron Frey generally advises anyone who has been arrested or contacted by law enforcement to use the right to remain silent and speak with an attorney before making any statement. Keep every piece of paperwork from the arrest and the jail, watch the mail for a court notice, and don’t discuss the facts of the case on recorded jail calls or social media. If you’re choosing a lawyer, our list of questions to ask a criminal defense lawyer can help.

Frequently Asked Questions

Do you have to attend an arraignment in Florida?

In general, yes. If you have a court date, plan to go unless your attorney confirms otherwise. Florida’s rules let a represented defendant’s attorney file a written plea of not guilty, and the arraignment is then treated as waived. Some Hillsborough judges also require a filed waiver of the defendant’s appearance. Until your attorney confirms everything was filed and accepted, plan to attend.

Can a lawyer appear for you or file a written plea of not guilty?

Yes, in many cases. Under Rule 3.160(a), an attorney can file a written plea of not guilty at or before the arraignment, and that waives the hearing. Attorney Ron Frey generally files this along with a waiver so the client may not need to appear, and he confirms it was accepted before telling the client so.

How long after an arrest is the arraignment?

It varies. The arraignment is usually set after the State Attorney’s Office files formal charges, and the timing depends on the case and the court’s calendar. Under Rule 3.134, the State generally must file formal charges within 30 days for someone held in custody and within 60 days for someone out on pretrial release, with set extensions if it doesn’t. Your notice from the clerk will show the date.

What happens if you miss your arraignment?

The judge can issue a warrant for your arrest (a capias), and bond may be affected. If you missed a court date or are worried you might, contact a lawyer right away.

Is arraignment the same as first appearance?

No. First appearance generally happens within 24 hours of an arrest for someone held in custody (Rule 3.130). It covers probable cause, bond and release conditions. Arraignment comes later, after formal charges are filed, and is where a plea is entered.

Can charges be dropped at arraignment?

It can happen, but usually not at the hearing itself. Before arraignment, the State Attorney may decide not to file formal charges at all (called a “no information”), or may file different or lesser charges than the arrest charges. After arraignment, the case moves to discovery and pretrial hearings, where an attorney can review the evidence and raise any defenses.

Have an Arraignment Coming Up? Call Attorney Ron Frey.

Attorney Ron Frey has over two decades of experience defending people accused of crimes in Hillsborough County, Pinellas County, and throughout Florida. If you or a friend or family member has an arraignment coming up, or was just arrested and is wondering what comes next, call or text for a free, confidential initial consultation at (813) 775-2276 or toll-free at (844) 766-3739. You can also read about arraignment in Hillsborough County and Pinellas County, or what to do if a family member was arrested.

Every case is different. If you or a friend or family member has an arraignment coming up, or has had any stop, search, seizure, inquiry, investigation, arrest or target letter, contact a lawyer. Call or text Attorney Ron Frey for a free, confidential initial consultation by phone, video or in person at (813) 775-2276.

This post is general information at the time of this writing and is not legal advice. Laws and local procedures change, so contact an attorney about your specific situation.