What Is an Arraignment?

By: John Guidry II

An arraignment is your first court date in a criminal case, that tells you what you’re charged with and what the maximum penalties are for that charge.

Its an important date if you don’t have an attorney. If you do have an attorney, we go to the arraignment or we waive the arraignment–so you’ll never go to an arraignment if you have an attorney.

Now, of course, there are exceptions to that, right? The main exception is, well, first of all–always get an attorney before your arraignment date. I’ll give you one example why:

I had a client, a sex offender that had been to prison for exposing himself to children (etc. etc.). What does he do when he gets out of prison? He does it again. Except, the cop charges him wrong. The cop charges him with a misdemeanor. And, that means that maybe he won’t go to prison. So, rather than waive the arraignment, of course, we utilized that arraignment. We show up at arraignment and we compel the judge to accept a plea on a misdemeanor.Why is that important?

Well, once he enters a plea on a misdemeanor, and the prosecutor knew what we were doing, he had some ways to stop us but he was too young to understand how to stop it. And, we won that case because they could not file the felony because we showed up at arraignment and took care of the lesser misdemeanor–which blocked the felony.

My only point here is, there is some strategy involved in whether you utilize an arraignment. But, you’ve got to get your attorney involved before the arraignment to plot and scheme. So, my advice to you is, long before your arraignment, make sure you consult with an attorney.

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.

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.