WHAT HAPPENS AT AN ARRAIGNMENT IN CENTRAL FLORIDA? FAQs

Q: What is an arraignment?

A: An arraignment is the first court date after an arrest. It’s a brief hearing where the judge informs you of the charges against you and the possible penalties. It’s a straightforward process designed to ensure you understand what you’re facing legally.

Q: Do I need to attend my arraignment if I have hired an attorney?

A: In Central Florida courts, no, you need not attend your arraignment if you have hired an attorney. When you retain a defense attorney, they will typically waive the arraignment for you. This means you won’t have to go to court for this initial hearing, as your attorney will handle it on your behalf.

Q: What happens at an arraignment?

A: During an arraignment, the judge will:

• Inform you of the charges against you.
• Explain the possible penalties you could face if convicted.
• Ask how you plead to the charges (guilty, not guilty, or no contest). You will only be given the option to plea if you’re facing misdemeanor charges, not felonies.
• Asking you if you are going to hire a private attorney, or need a public defender appointed for you if you cannot afford an attorney.

This is generally a very quick hearing, and if you have an attorney, they will manage this process for you.

Q: Why is it beneficial to waive the arraignment?

A: Waiving the arraignment is beneficial because it saves you from unnecessarily appearing in court. Your attorney can handle the procedural aspects of the arraignment, allowing you to avoid the courthouse and focus on preparing your defense. It streamlines the process and ensures that your attorney can manage all communications with the court.

Q: What should I do if my attorney tells me not to attend the arraignment?

A: If your attorney advises you not to attend the arraignment, follow their instructions. Always follow your attorney’s instructions. Do not listen to me, or anyone else, who might contradict your attorney. As a general rule, defense attorneys in Central Florida typically handle arraignments on behalf of their clients, and your presence is not required. Trusting your attorney’s guidance is important to ensure your case proceeds smoothly.

Q: What if I don’t have an attorney yet and have an arraignment scheduled?

A: If you don’t have an attorney yet and have an arraignment scheduled, it’s crucial to hire a defense attorney as soon as possible. An experienced attorney can then waive the arraignment for you, allowing you to avoid attending the hearing. They will also begin working on your defense immediately.

Q: Why should I hire an attorney before my arraignment?

A: Hiring an attorney before your arraignment ensures that your rights are protected from the start. Your attorney can handle all communications with the court, waive your arraignment, and begin building your defense. This proactive approach can significantly impact the outcome of your case.

If you’re facing criminal charges in Central Florida, including Orange, Seminole, Osceola, Brevard, Lake, or Volusia counties, contact my office. My name is John Guidry, and I can help you navigate the legal process from arraignment through resolution.