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A Gainesville Criminal Defense Attorney Explains What to Expect at Your Arraignment
After an arrest and First Appearance, many people are anxious about their next court date: arraignment. If you’ve never been through the criminal justice system before, it’s common to wonder what happens at an arraignment, whether you have to attend, whether you’ll go to jail, and if your case can be dismissed before the hearing.
The good news is that an arraignment is generally a brief procedural hearing—not a trial. No witnesses testify, no evidence is presented, and the judge does not decide whether you are guilty or innocent.
At Landsman Law, we represent clients throughout Gainesville, Alachua County, and North Central Florida at every stage of the criminal process. This guide explains what an arraignment is, what happens during the hearing, and how an experienced criminal defense attorney can protect your rights.
What Is an Arraignment?
An arraignment is the court hearing where a defendant is formally advised of the criminal charges and enters a plea.
In most Florida criminal cases, the defendant enters one of three pleas:
- Not Guilty
- Guilty
- No Contest (Nolo Contendere)
For the vast majority of clients represented by counsel, a Not Guilty plea is entered so the defense has the opportunity to investigate the case and evaluate the evidence.
An arraignment is not a determination of guilt or innocence.
Florida Law Governing Arraignment
In Florida, the arraignment is governed primarily by Florida Rule of Criminal Procedure 3.160, which defines the arraignment as the formal court proceeding where the defendant is informed of the charges and called upon to enter a plea. At arraignment, the judge, clerk, or prosecutor reads the indictment or information—or states the substance of the charges—and asks the defendant to plead guilty, not guilty, or no contest. Importantly, Rule 3.160 permits a defendant represented by counsel to waive arraignment by filing a written plea of not guilty before the scheduled hearing, making a personal appearance unnecessary in many cases. The rule also requires the court to advise an unrepresented defendant of the right to counsel and, if indigent, to appoint counsel before requiring a plea. Additionally, Rule 3.160 makes clear that a defendant who pleads not guilty is entitled to a reasonable opportunity to prepare for trial and that a failure to conduct a formal arraignment generally does not invalidate later proceedings if the defendant proceeds without objection.
When Does Arraignment Occur?
An arraignment usually occurs after:
- An arrest
- Booking into jail (if applicable)
- First Appearance (if the defendant remained in custody)
- The State Attorney files formal charges
The exact timing depends on the county, the type of offense, and the court’s scheduling practices.
What Happens During the Hearing?
Most arraignments take only a few minutes.
The judge typically:
- Confirms your identity
- Advises you of the charges
- Advises you of your constitutional rights
- Determines whether you have an attorney
- Accepts your plea
- Schedules future court dates if necessary
No witnesses testify, and the judge generally does not hear arguments about the facts of the case.
Will I Go to Jail at Arraignment?
In most cases, no.
If you have already been released on bond or your own recognizance, you will generally remain out of custody while your case continues, provided you comply with all bond conditions and attend future court dates.
However, if you fail to appear, violate your release conditions, or have unresolved warrants, the court may issue a warrant or revoke your bond.
Do I Have to Attend My Arraignment?
Often, no.
In many misdemeanor cases—and in some felony cases—your attorney may be able to file a written plea and waive your personal appearance, depending on the charges and local court rules.
This can save you from missing work or school and may reduce unnecessary stress.
If your appearance is required, your attorney will advise you well in advance.
What Plea Should I Enter?
Most defendants represented by counsel initially enter a Not Guilty plea.
This preserves important constitutional rights and allows your attorney to:
- Review the evidence
- Conduct an independent investigation
- File appropriate motions
- Negotiate with prosecutors
- Evaluate diversion opportunities
- Prepare for trial if necessary
Pleading guilty too early may waive important rights and should generally not be done without first consulting an experienced criminal defense attorney.
Can Charges Be Dropped Before Arraignment?
Yes.
Many people are surprised to learn that prosecutors sometimes decline to file charges or dismiss cases before arraignment.
Charges may be dropped because of:
- Insufficient evidence
- Witness credibility issues
- Newly discovered evidence
- Constitutional violations
- Successful pre-filing negotiations
- Diversion eligibility
This is one reason why hiring an attorney early can be beneficial.
What Happens After Arraignment?
After arraignment, your criminal case enters the litigation phase.
Your attorney begins preparing your defense through:
Discovery
The State provides evidence, including:
- Police reports
- Body camera footage
- Surveillance video
- Witness statements
- Laboratory reports
- Photographs
- Expert reports
Defense Investigation
Your attorney may:
- Interview witnesses
- Preserve video evidence
- Visit the scene
- Consult experts
- Analyze forensic evidence
- Review constitutional issues
Pretrial Motions
Depending on the facts of the case, your attorney may file motions seeking to:
- Suppress evidence
- Suppress statements
- Dismiss charges
- Exclude improper evidence
Successful motions can significantly improve the outcome of a case.
Plea Negotiations
Many cases resolve without trial through:
- Diversion programs
- Deferred prosecution agreements
- Charge reductions
- Negotiated plea agreements
Every resolution should be carefully evaluated based on the evidence and the client’s goals.
Trial
If the parties cannot reach an acceptable resolution, the case proceeds to trial, where the State must prove every element of the offense beyond a reasonable doubt.
Common Misconceptions About Arraignment
“My case will be decided at arraignment.”
False. Arraignment is primarily a procedural hearing.
“I have to explain my side of the story.”
Usually not. Your attorney—not you—should communicate with the court regarding legal matters.
“If the victim wants to drop the charges, the case ends.”
Not necessarily. In Florida, criminal prosecutions are brought by the State Attorney’s Office. Although a victim’s wishes may be considered, the prosecutor decides whether to continue the case.
“I should plead guilty to get it over with.”
Not necessarily. Many cases are dismissed, reduced, or resolved more favorably after the defense has had an opportunity to review the evidence.
Frequently Asked Questions
Can my attorney appear for me?
Often, yes. In many misdemeanor cases and some felony proceedings, your attorney can waive your appearance. Always confirm with your lawyer whether your attendance is required.
Can charges be dismissed after arraignment?
Absolutely. Cases are dismissed every year because of insufficient evidence, successful motions, diversion programs, or newly discovered facts.
What happens if I miss arraignment?
Missing a required court appearance may result in a bench warrant for your arrest and additional legal consequences. If you cannot attend, contact your attorney immediately.
Does pleading “Not Guilty” mean my case will go to trial?
No. A Not Guilty plea simply preserves your rights while your attorney investigates the case and evaluates your legal options.
Why Hiring an Attorney Before Arraignment Matters
Many important opportunities arise before arraignment.
An experienced criminal defense attorney may be able to:
- Contact prosecutors before charging decisions are finalized
- Preserve surveillance footage
- Locate favorable witnesses
- Evaluate constitutional issues
- Seek dismissal before court
- Negotiate diversion opportunities
- Prepare for bond modification if necessary
Early representation often provides the strongest opportunity to influence the outcome of a case.
Why Choose Landsman Law?
Attorney Matt Landsman is a Board Certified Criminal Trial Lawyer with more than 20 years of criminal law experience. A former public defender supervisor, he has handled thousands of misdemeanor and felony cases throughout Gainesville, Alachua County, and North Central Florida.
Whether you have been arrested for DUI, drug crimes, domestic violence, theft, violent crimes, or another criminal offense, Landsman Law provides experienced, strategic representation from the earliest stages of your case through trial if necessary.
Contact Landsman Law today for a free consultation.
Related Criminal Defense Resources
Continue learning about the Florida criminal justice process:
Florida Record Sealing and Expungement Guide
The Florida Criminal Justice Process: A Step-by-Step Guide
What Happens After an Arrest in Alachua County?
What Happens at First Appearance in Alachua County?
Can Criminal Charges Be Dropped Before My First Court Date?
What Happens If a UF Student Is Arrested?
How Bond Is Set in Florida Criminal Cases
What Is a Nebbia Hold in Florida?
How Long Does a Criminal Case Take in Florida?
Why Retaining an Attorney Matters
Criminal Defense Lawyer Matt Landsman at Landsman Law helps people accused of crimes in Gainesville, Alachua County, Bradford County, Levy County, Gilchrist County, Putnam, Marion and surrounding areas of north Florida. If you need help for yourself or a loved one, contact Criminal Defense Attorney Matt Landsman for a free consultation today. For help with any Criminal Matter from Board Certified Criminal Trial Lawyer Matt Landsman – CALL NOW
If you’re accused of any criminal matter, retaining an attorney is critical to protecting your rights. For expert legal help, contact Gainesville Defense Lawyer Matt Landsman to protect your rights today.