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Arraignment in Florida

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.

Purpose of 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. If a  defendant is not able to hire an attorney, the court may recommend a public defender.
  • The defendant makes a plea during the arraignment.

Possible Responses at the Arraignment Hearing

After informing the defendant of their criminal charges, the judge asks for the defendant’s plea. The defendant can plead not guilty, guilty, or no contest.

Not Guilty

The majority of defendants plead not guilty at an arraignment. Criminal defense attorneys often advise their clients to plead not guilty at this stage. If a suspect 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, and create a defense

Guilty

Pleading guilty means that you accept all the charges leveled against you. The judge may sentence the defendant at an arraignment 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 sentence hearing. The judge may also request for a pre-sentence report.

No Contest

Also known as nolo contendere, this plea means that the defendant acknowledges that the prosecutor has ample evidence against him. However, the defendant still doesn’t admit fault or plead guilty. If a defendant gives a no contest plea, the court proceeds in the same way it would if the defendant pleaded guilty.

Waiving the Arraignment

You can waive an arraignment, especially if you have an experienced Florida criminal defense attorney in your corner. Your attorney will communicate with the prosecutor and the court on your behalf. Your criminal defense attorney can also present a waiver of arraignment in writing, and the court can allow you to waive arraignment and arrange another hearing on conditions of release.

Contact a Criminal Defense Attorney if You Have Been Arraigned in Court

If you’ve been arrested in Florida and charged with a crime, you should consult a knowledgeable criminal defense attorney. Your attorney will help get you out of custody and represent you during the arraignment process. You should not wait too long to contact an attorney; ideally, you should contact an attorney immediately after you’re arrested.
The legal process can be confusing, and you will need an experienced attorney to guide you and protect your rights throughout the court proceedings. Our experienced attorneys at Shrader Law, PLLC, provide the best criminal defense services in Florida.

 

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