What Happens at an Arraignment in Florida: Pleas, Waivers, and Next Steps

A few weeks after the arrest, a letter arrives from the clerk of court. It says “Notice of Arraignment,” lists a date, a time, and a courtroom, and warns that a warrant may issue if you do not appear. There is no explanation of what will happen in that room.

Most people have the same questions. Do I have to go? Will I have to talk to the judge? Can they take me back to jail? The answers matter, because what you say and sign at this hearing can shape the rest of the case.

This guide walks through an arraignment in Florida from start to finish. It explains how arraignment fits with the other early court dates, when it is scheduled, your plea options, whether you can skip it, and what comes after.

What Is an Arraignment?

An arraignment, often called an arraignment hearing, is the court date where you are formally told what you are charged with and asked to enter a plea. To be arraigned simply means to go through this step. In Florida, it takes place once the State Attorney’s Office has filed formal charges, often within a month or two of the arrest.

Misdemeanor arraignments take place in county court, and felony arraignments take place in circuit court. Under Florida’s rules, the hearing can be held in person or by video, at the judge’s discretion.

Arraignment vs. Indictment, Information, and Other Hearings

People often confuse arraignment with the other steps that come before it. Here is how they fit together in a Florida criminal case:

So being indicted and being arraigned are not the same thing. The indictment or information is the charge itself. The arraignment is the hearing where you answer it. Terms such as “formal arraignment” and “preliminary arraignment” come from other states, and Florida courts generally do not use them.

When Is Arraignment in Florida?

Arraignment generally cannot happen until the state decides what to charge. The Florida Rules of Criminal Procedure give prosecutors firm deadlines to make that decision, and the deadline depends on whether the person is in custody:

Missing a filing deadline does not end the case. The state can still file charges later. It can also decide not to prosecute, usually by filing a “no information.” That ends the case for now, although the state can generally refile before the statute of limitations runs out.

If you received a notice to appear instead of being booked into jail, the first court date is usually printed on the notice. Otherwise, the clerk generally mails the arraignment notice to the address on file. Keep that address current, because the court will not track you down.

What Happens at an Arraignment in Florida

Most arraignments are short. The hearing itself may last only a few minutes, but you may wait hours, because judges often handle dozens of cases on the same morning. In Jacksonville, most criminal hearings are held at the Duval County Courthouse, 501 West Adams Street. A typical arraignment follows these steps:

1. Check-in: You arrive early, pass security, and wait for your name to be called.
2. The charges: The judge or clerk confirms the charges listed in the information or indictment. You can waive a full reading.
3. The right to a lawyer: If you do not have a lawyer, the judge must tell you about your right to one. If you cannot afford one, you can sign an affidavit of indigency and ask for a public defender.
4. Your plea: You or your lawyer enter a plea. If you say nothing, the court enters “not guilty” for you.
5. Release conditions: The judge may review bond, no-contact orders, or other conditions already in place.
6. The next date: The court sets the next hearing, usually a pretrial conference.

In some Jacksonville misdemeanor cases, people who are still in custody are asked for a plea at first appearance, so the two hearings blend together.

Your Plea Options

Florida law allows three pleas. Each one sends the case in a different direction:

A guilty or no contest plea can still lead to a withhold of adjudication if the judge allows it. Before sentencing, the judge must let you withdraw a plea if you show good cause, but that standard is hard to meet. For non-citizens, either plea can trigger immigration consequences, even on a minor charge. Have it reviewed first by a lawyer who handles criminal and immigration cases together.

Felony vs. Misdemeanor Arraignments

The hearing works the same way in both types of cases, but a few details differ:

• Where it happens: Misdemeanors go to county court. Felonies go to circuit court before a different set of judges.
• Pleading on day one: In a misdemeanor case, a judge may accept a plea and sentence you on the spot. In a felony case, judges often schedule sentencing for a later date, partly because a sentencing scoresheet must be prepared.
• What is at stake: A misdemeanor carries up to one year in county jail. A felony charge can mean state prison and the loss of civil rights.

Can You Go to Jail at an Arraignment?

Usually not. Most people walk in and walk out under the same release conditions they had before. The hearing is about the charges and the plea, not about deciding guilt.

There are exceptions. You can be taken into custody at or after an arraignment if:

• You plead guilty, or no contest, and the sentence includes jail: This happens most often in misdemeanor cases where the judge sentences the same day.
• There is an active warrant: A warrant from another case, or a probation violation, can lead to arrest in the courtroom.
• The judge changes your release: Release can be revoked after a finding of probable cause for a new offense or a serious violation, such as contacting someone you were ordered to avoid.
• The charges are now more serious: If the state files a heavier charge than the arrest charge, it may ask the judge to raise bond.

Not showing up is the biggest risk of all. A missed arraignment usually leads to a warrant, and failing to appear can become a separate crime.

Waiving Arraignment With a Written Plea of Not Guilty

Many people in Florida never attend their arraignment. If you have a lawyer, the lawyer can file a written plea of not guilty at or before the hearing. Under Florida’s rules, this counts as a waiver of arraignment, and you generally do not need to appear.

The written plea is often filed together with a demand for a jury trial and a notice that the defense will take part in discovery. Waiving arraignment has real advantages:

• No missed work or school: You avoid a morning, or a full day, in a crowded courtroom.
• No risky statements: You are not standing in front of a judge and prosecutor where something said about the case could be overheard or used later.
• A faster start: Your lawyer can begin requesting evidence right away instead of waiting for the hearing.

Do not assume the arraignment is waived because a form was mailed. Before you skip the date, confirm that the court received the written plea and removed you from the calendar. Without a lawyer, the safest course is to attend.

What Happens After Arraignment?

After a not guilty plea, the case enters the pretrial stage. This is where most criminal cases are won, lost, or resolved. The main steps are:

• Discovery: Once the defense files a notice of discovery, the prosecutor generally has 15 days to list witnesses and share police reports, videos, and other evidence. The defense then takes on its own duty to share certain information.
• Pretrial conferences: Short hearings where the judge checks on the case and the lawyers report on progress.
• Plea negotiations: The state may offer a reduced charge, diversion, or a recommended sentence.
• Motions: The defense can ask the court to suppress illegally obtained evidence or dismiss charges.
• Trial or resolution: Most cases end in a negotiated plea or dismissal. The rest go to a judge or jury.

Florida’s Speedy Trial Deadlines

Florida changed its speedy trial rule on July 1, 2025. The clock now starts when formal charges are filed, not on the day of arrest. The current deadlines are:

In practice, many cases take longer than these limits. When the defense asks for more time to investigate, it generally waives the speedy trial deadline. A misdemeanor resolved by plea may reach sentencing within a few months of arraignment. A contested felony can take a year or more.

Talk to Weldon Law Group Before Your Arraignment Date

The weeks between the arrest and the arraignment are some of the most useful in the entire case. Evidence is fresh, witnesses are easier to find, and the state has not yet locked in its charges. A lawyer brought in early can sometimes influence what the state decides to file.

Weldon Law Group, PLLC defends people facing misdemeanor and felony charges across Jacksonville and the surrounding counties. Attorney Ian Weldon served as a Jacksonville public defender for over ten years. In that role, he handled arraignments and pretrial dockets in Duval County day after day. Our team can help, in English or Spanish, with:

• Written pleas and waivers: Filing the not guilty plea so you do not have to miss work for arraignment.
• Early case review: Reviewing the police report and evidence before the state settles on its charges.
• Plea offers: Explaining every offer, including withholds, diversion, and immigration effects, before you decide.
• Motions and trial: Challenging weak evidence and taking the case to trial when that is the right call.

Schedule a consultation with Weldon Law Group and let us handle your arraignment.

Frequently Asked Questions