What Is an Arraignment in Florida — and Do You Actually Have to Go?
A client called me a while back, genuinely panicked. She had received notice of her arraignment date and had no idea what it was, what she was supposed to do when she got there, or whether she even needed to show up at all. She had recently hired me, so I told her the same thing I tell every client: don’t go. I’ll handle it.
That answer surprises people. Most assume that every court date is mandatory — that missing any of them without prior permission means a warrant issues and the whole situation gets worse. For an arraignment, when you already have an attorney on the case, that’s not how it works.
Just Received an Arraignment Date?
If you’ve already hired an attorney, you most likely won’t need to appear. Call John Guidry at (407) 423-1117 before that date and let’s handle it for you.
What an Arraignment Actually Is
The arraignment is the first formal court date after an arrest. A judge tells you what you’re charged with, explains the possible penalties, and asks you to enter a plea — guilty, not guilty, or no contest. In the vast majority of cases, that plea is not guilty, even if the case later resolves differently. Entering a not guilty plea at arraignment doesn’t lock you into anything. It simply keeps the case moving forward while your attorney evaluates what options exist.
The hearing runs quickly. Most arraignments in Central Florida last just a few minutes. The judge calls your name, runs through the charges, takes the plea, sets the next date, and moves on. No one presents testimony or evidence, and no one argues the merits. Consequently, nothing that happens at arraignment determines the outcome of your case.
Why You Usually Don’t Have to Be There
Florida Rule of Criminal Procedure 3.160(a) states that an attorney can file a written plea of not guilty at or before arraignment, and when that happens, the arraignment itself counts as waived. Your attorney submits that written plea on your behalf, and most Central Florida judges cancel or skip the hearing entirely once it’s filed.
This is standard practice throughout Orange, Seminole, Osceola, Lake, Brevard, and Volusia County. I’ve never met a defense attorney in Central Florida who routinely sends their clients to arraignments after being retained. It’s part of the service. Furthermore, it saves you a trip to the courthouse, a day off work, and the anxiety of sitting in a crowded courtroom for a hearing that accomplishes nothing you couldn’t accomplish on paper.
When You Might Still Have to Show Up
There are situations where attendance becomes necessary. A small number of judges in Central Florida maintain personal policies requiring defendants to appear even after an attorney files the written waiver. This is technically inconsistent with the Florida Rules of Criminal Procedure — and courts have said so — but it occasionally happens, and a good attorney knows which judges run their courtrooms that way.
Additionally, some judges modify their practice for VOP arraignments or cases involving specific charges. Your attorney should always check the judge’s current practices before assuming your presence isn’t needed. The rule is waiver by default, not waiver regardless of circumstances.
What Happens After the Arraignment
Once the arraignment resolves — whether you attended or your attorney waived it — the case moves into pretrial proceedings. This is where the real defense work begins: discovery, motions to suppress, motions to dismiss, plea negotiations, and eventually a trial date if the case doesn’t resolve beforehand. The arraignment just opens the process. Everything that matters comes after it.
If You Want More Related Content
Check out our more videos and breakdown articles covering major updates in Florida defense law. You can also use the links below to stay informed. Learn how to protect your constitutional rights when dealing with law enforcement.
Watch: https://youtu.be/rzR62SRfePU
Read: https://jgcrimlaw.com/articles/what-happens-at-an-arraignment-in-florida/
John’s Takeaways
- An arraignment is the first formal court date after an arrest. The judge explains the charges, states the possible penalties, and takes a plea — almost always not guilty.
- Under Florida Rule of Criminal Procedure 3.160(a), an attorney can file a written waiver and the defendant doesn’t have to attend. Most Central Florida judges cancel the hearing entirely once that waiver goes in.
- Hiring an attorney often means avoiding the courthouse entirely at this stage. That’s part of the service, and it’s worth the peace of mind alone.
- A not-guilty plea at arraignment doesn’t mean anything is decided. It simply keeps the case moving forward while your attorney builds the defense.
- A small number of judges still require appearances despite the rule. A good attorney knows the difference and prepares you accordingly.
Have an Arraignment Coming Up? Let Us Handle It.
I’ve been waiving arraignments and handling first appearances on behalf of clients across Central Florida since 1993. When you hire me, my first call is usually to make sure you don’t need to step foot in a courthouse until it actually matters. I represent clients across Orange, Seminole, Osceola, Lake, Brevard, and Volusia County.
Give my office a call before that date arrives. Let’s take this off your plate.
John Guidry — (407) 423-1117
About John Guidry II
John Guidry II is a seasoned criminal defense attorney and founder of the Law Firm of John P. Guidry II, P.A., located in downtown Orlando next to the Orange County Courthouse, where he has practiced for over 30 years. With more than three decades of experience defending clients throughout Central Florida since 1993, Guidry has successfully defended thousands of cases in Orange, Seminole, Osceola, Brevard, Lake, and Volusia counties. He has built a reputation for his strategic approach to criminal defense, focusing on pretrial motions and case dismissals rather than jury trials.
John Guidry earned both his Juris Doctorate and Master of Business Administration from St. Louis University in 1993. He is a member of the Florida Bar and the Florida Association of Criminal Defense Lawyers. His practice encompasses the full spectrum of Florida state criminal charges, with a particular emphasis on achieving favorable outcomes through thorough pretrial preparation and motion practice.
Beyond the courtroom, Guidry is a prolific legal educator who has authored over 400 articles on criminal defense topics. He shares his legal expertise through his popular YouTube channel, Instagram, and TikTok accounts, where he has built a substantial following of people eager to learn about the law. His educational content breaks down complex legal concepts into accessible information for the general public.
When not practicing law, Guidry enjoys tennis and pickleball, and loves to travel. Drawing from his background as a former recording studio owner and music video producer in the Orlando area, he brings a creative perspective to his legal practice and continues to apply his passion for video production to his educational content.