In Florida, an arraignment is your first appearance in court after your arrest. Retaining an experienced attorney could ensure your rights are protected from the onset of your case.

Key Takeaways

  • Your attorney examines the formal charges (information or indictment) and makes sure that they are completely accurate.
  • We recommend that you make the best possible opening plea to preserve your trial rights.
  • Your attorney aggressively fights for less bail and / or an own recognizance (O.R.) release.
  • Your attorney should petition for conditions of pretrial release, including challenging overly burdensome travel restrictions and curfews.
  • Future court dates are set strategically to give a good amount of time to plan motions and conduct discovery.

Your first time in a Florida courtroom can be stressful. But, your arraignment is the first step in your defense strategy. This hearing is a chance to get to know what to anticipate.

Reading of the Formal Charges

As the judge calls your case, your defense attorney will thoroughly check that the official document of charges is accurate. Florida Rule of Criminal Procedure 3.160 says that an arraignment is the reading by the judge or clerk of the charges against you in open court, or the substance of the charge. The State of Florida will file an information (by the state attorney) or return an indictment (by a grand jury).

At this stressful time, it is essential to have a seasoned lawyer on your side. They will review the charging document for any issues with the document or any facts. If the prosecution fails to formally charge you within the time limits, they will file a motion for an adversary preliminary hearing or take steps to get you released.

This preliminary look will help prevent you from being charged with a crime you did not commit and will establish the defense foundation before the prosecution can build momentum in court.

Entering the Initial Plea

Once the charges are dealt with, your defense attorney will advise you on the best possible initial plea, and what the implications of each are. The ideal plea to make in almost any Florida arraignment is a plea of “Not Guilty. A plea of not guilty places an onerous burden of proof on the prosecution. It also activates the formal discovery process, which requires the state to provide you with evidence they plan to use against you.

For unrepresented persons, the desire to “get it over with” may sometimes be the only reason to enter a plea of guilty. The waiving of rights at arraignment upon pleading guilty is waiving the right to a trial, waiving the right to confront witnesses, and waiving the right to suppress illegally obtained evidence. A knowledgeable lawyer will make sure you are not waiving your constitutional rights in this first step.

Addressing and Modifying Bail and Bond

For those who are already in jail or are unsure of their bond, the arraignment is a crucial moment to discuss the matter of freedom. A lawyer insists that bail be lowered, that you be released on your own recognizance (ROR), or that you receive better conditions for pretrial release.

The criteria are set forth in Florida Statutes Section 903.046, and they include factors such as your connections to the local community, your employment history, and your criminal record.

Prosecutors often ask for high bonds to ensure that defendants remain incarcerated while awaiting trial. These are the arguments lawyers present to the judge opposite to the aggressive ones, providing them with solid mitigating evidence that you are not a flight risk and not a danger to the community.

Through the proper motions and with the assistance of pertinent case law, an experienced defense attorney goes to great lengths to help you attain a bond amount that is affordable to you and your family so that you can return to your life to assist in preparing your defense from home.

Reviewing Pretrial Release Conditions

Getting a fair bond amount is just half the equation in determining whether or not you will be released from jail prior to their trial. Your lawyer also spends a lot of time negotiating or challenging travel restrictions, drug testing, or curfew requirements imposed by the court. Depending on the nature of the charges, a judge in Miami may place restrictions on this, such as continuous GPS monitoring, strict no-contact orders, and random alcohol screenings.

These requirements can significantly disrupt your work, family responsibilities, and lifestyle. Your defense attorney will push for the most minimal action that will address the court’s concerns. Proposed conditions that are too onerous or have nothing to do with the alleged offense are attacked at the time they are proposed.

For example, if you are often traveling outside of Florida on business, your lawyer will seek the court’s permission in advance to travel to avoid the potential loss of your job or extra financial burden because of your release conditions.

Scheduling the Next Critical Dates

Prior to the conclusion of the arraignment, the court will set the time frame that will be available for your case. Your lawyer is involved in obtaining sufficient discovery time and scheduling a course of further case management conferences. Discovery in Florida includes obtaining police reports, witness statements, and body camera footage from the state attorney’s office.

Your lawyer can make sure that the dates you are going to be having with you for your next soundings or pretrial conferences allow our defense team enough time to depose witnesses and file pretrial motions, including motions to suppress evidence and motions to dismiss charges. The rush of this process is very much in favor of the prosecution.

Through careful court calendar management, your lawyer will have the time to develop a strong, powerful defense case. This timeline also provides peace of mind, as once you leave the arraignment, you will know what is coming next and when.

Don’t walk into an arraignment in Florida without someone else. An experienced legal advocate safeguards your constitutional rights right away. Call our criminal law firm today to get a dedicated defense attorney on your side for your initial court hearing.