Being arrested is overwhelming. One minute you are handcuffed, and the next you’re in a courtroom hearing unfamiliar legal terms like arraignment and procedures being discussed around you. In this blog, we’ll walk through the post-arrest process and clarify what arraignment means and what to expect.
After an arrest, you’ll have a first court appearance where the charges against you are reviewed. This appearance focuses on custody and release conditions such as bond, travel conditions, surrendering firearms, etc. Think of it as the court’s initial check-in. Who are you? Why are you here? Do you need to be here?
The arraignment is next. It does not call witnesses. There is no evidence presented. And there are no arguments about what happened. So, what actually happens at an arraignment?
What Happens at The Arraignment Hearing?
An arraignment is the hearing where you are asked to respond to the charges. Are you guilty or not? This is not a trial. The judge isn’t deciding whether you committed the offense. The court is only asking how you want to proceed.
The judge begins the arraignment by confirming the charges and then asks the central question, “How do you plead?”
A guilty plea means you’re accepting the charge. There won’t be a trial after that. The court will instead skip to conviction and sentencing. Every case is different, but oftentimes a guilty plea happens because the defendant (you) believe there is overwhelming evidence that you committed the crime and it’s almost impossible to say you didn’t.
Choosing not guilty means you’re saying you didn’t do it. You are saying to the prosecutor, “Prove it.” You are innocent until proven guilty and the burden is now on the prosecutor to prove guilt, and gives you and your attorney time to review the evidence, challenge weak spots, and decide what makes sense moving forward.
There is a third plea option – no contest. If you say no contest, you’re saying I accept the consequences of the charges. You are not accepting guilt. A no contest plea is used if there is a need to protect you in the future from civil lawsuits related to the same incident.
In some cases, your lawyer in Jacksonville can handle the arraignment on paper without you having to stand in court. By filing the plea paperwork on your behalf early, the arraignment hearing can be waived.
When Does Arraignment Happen?
You won’t have an arraignment until the prosecutor officially files charges. Their filing could be as quick as days or could take weeks after your first court appearance. The date of your arraignment then depends on whether you’re still in custody or were released on bond.
The arraignment should move quickly if you were kept in custody. If you were released, the court will set a future date and notify you through your attorney.
Do You Need a Lawyer at Arraignment?
You are not required to have a lawyer at arraignment. Having an experienced lawyer in Jacksonville on your team can make a big difference though because they understand everything that’s coming your way and can help you think a few steps ahead.
They can explain what your plea options are, their consequences, and whether arraignment can be waived.
Why Arraignment Matters – Call Dale Carson Law for Help
The arraignment is short but important. Your plea will set the direction of your case from negotiation to litigation and sentencing.
If you have an arraignment in Duval County, contact the team at Dale Carson Law for a free consultation. We’ll review what you’re facing and talk through the options.