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. Attorney Ron Frey is a Tampa criminal defense lawyer whose office is a short walk from the downtown Hillsborough County courthouses.

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.