Some common questions you may ask after being arrested are, “What is an arraignment?” and, “What do I need to do at my arraignment?” The good news is that the arraignment process is quite simple. However, making a mistake at your arraignment can be detrimental to your case.

What is an Arraignment?

In Florida, an arraignment is the formal court proceeding where the person who is being arraigned is informed of what charges have been filed against him or her, if any (this also includes indictments). Then the person is asked to enter a plea and given the opportunity to ask for counsel if he or she cannot afford a private attorney. In Orange or Seminole County, and many other Counties in Florida, the Court holds all arraignments in succession. Each defendant will be called up one by one to answer the questions by the judge.

Entering a Plea:

I like to think of the arraignment process like a status check with a potential mate after hearing some gossip. Your friend might say, “Hey, I heard you like Nancy,” which is similar to the judge telling you what you are being charged with. You will likely have one of three responses to your friend regarding Nancy and whether you like her or not: 1. “No, I don’t like Nancy.” 2. “Yes, I like Nancy.” Or 3. “I don’t dispute your claim that I like Nancy.” These responses are similar to the three potential pleas you can enter in a courtroom at an arraignment.

1. “No, I don’t like Nancy.”

The equivalent to responding with “No, I don’t like her” at your arraignment would be entering a plea of “Not Guilty.” For example, instead of being accused of liking Nancy, you have been charged with committing the crime of petit theft. In this situation, the judge will ask you at your arraignment, “How you would like to plea now that you have been informed of the charge—of petit theft, in this example—against you?” If you believe that you have committed no crime, or if you are unsure about the charge in any way, then the best plea you can enter is “Not Guilty.” This means the State Attorney’s Office will likely keep the case against you open and inform the judge that there will need to be more court dates and information exchanged between the relevant parties before the case is resolved and closed, usually by way of a plea deal or jury trial. So, when in doubt, you can always enter a plea of “Not Guilty,” and then hire an attorney to help you handle your case. It is important to note that you can change your plea from “Not Guilty” to the other two options (which I will discuss below) at any point in the case prior to the jury rendering a verdict at trial.

2. “Yes, I like Nancy.”

Now, back to your crush. Your friend has asked, “I heard you like Nancy, is it true?” There are two ways for you to say yes to this question. First, you can say, “Yes, I like Nancy!” This would be equivalent to pleading “Guilty” at your arraignment. You have been informed of the charge(s) against you, you know you committed the crime, you know you don’t have any defenses against the crime, and you want to own up to the charges and get the case over with as quickly as possible. In that situation, you can just give in and say “Guilty.” This means that the judge can convict you of the crime and sentence you right there on the spot. This does not happen very often at arraignment because most criminal incidents are rather complex, and it is usually better to find out more about the charges and the evidence against you before you admit guilt and build a criminal record.

3. “I don’t dispute your claim that I like Nancy.”

Your third option at arraignment is to enter a plea of “Nolo contendere,” also known as “No contest.” This type of plea would essentially be like telling your friend, “I do not dispute your accusation that I like Nancy.” In Florida Courts, “No Contest” is effectively the same thing as pleading “Guilty,” but it is a fancy way to not admit guilt outright, and can only be entered with consent of the court. You are telling the judge, I am aware of the charges against me and I do not dispute or contest them, so go ahead and sentence me and I will be responsible for whatever sentence you give me. The important point is that if you enter a plea of “Nolo contendere” or “No Contest,” your case will be over, you will be sentenced for the crime you have been charged with, and it will go on your criminal record. This is why it is very important to hire an attorney as soon as possible after being arrested. I have heard many horror stories about people entering “No Contest” pleas and not fully understanding the ramifications of this decision.

Conclusion

The big takeaway is to always enter a plea of “Not Guilty” if you are unsure of the charges being brought against you or if you believe you did not commit a crime. This is essentially punting in football, so you can then have a timeout, regroup, and decide on what is the best strategic step to take. The other big takeaway is that you should hire an attorney before your arraignment if you can do so financially. If you cannot afford to hire a private attorney, you can ask the court to appoint you a public defender at your arraignment. You will likely have to fill out a brief financial affidavit in order to qualify for the appointment of a Public Defender so have your basic income information ready to share.

At Landers & Sternberg PLLC, we provide free consultations for your criminal case. Call us now at (407) 495-1893 to discuss your legal matter.