Facing felony charges means stepping into a criminal justice process that moves quickly and demands immediate decisions. Understanding what happens at an arraignment hearing for a felony gives you the foundation you need to protect your rights from day one.

This article walks you through the arraignment process in Fort Lauderdale and why having legal representation matters before you ever enter your plea.

You’ll Face Four Critical Moments in the Courtroom at an Arraignment

Your felony arraignment follows a specific sequence. According to Florida Rule of Criminal Procedure 3.160, the arraignment must be conducted in open court or by audiovisual device:

1. Reading of Formal Charges

The court reads the formal charges filed against you. The Information or Indictment specifies:

• The exact statute you allegedly violated
• Whether the charge is a first, second, or third-degree felony
• Specific dates, locations, and details of the alleged offense
• Any enhancements or aggravating factors

Prosecutors can modify charges between arrest and arraignment based on evidence gathered during the investigation. You might be arraigned on charges different from what appeared on your arrest warrant.

2. Advisement of Rights

The judge advises you of your constitutional rights, including:

• Right to an attorney (and court-appointed counsel if indigent)
• Right to remain silent
• Right to a speedy trial
• Right to confront witnesses
• Right to a jury trial

If you’re not represented by counsel, the court must determine whether you qualify for a public defender. You’ll complete a financial affidavit showing your inability to afford private representation.

3. Entering Your Plea

You must enter a plea. Your options are:

Guilty

You admit to the charges and waive your right to trial. The judge can proceed directly to sentencing, though this rarely happens at felony arraignments.

No Contest (Nolo Contendere)

You don’t admit guilt but won’t contest the charges. This has the same effect as a guilty plea in criminal court, but can’t be used against you in civil proceedings.

Not Guilty

You deny the charges and preserve your right to trial. This is the most common plea at felony arraignments because it keeps all options open.

4. Pretrial Release Conditions

If you’re in custody, the judge may review bond. For defendants already released, the court can modify conditions by:

• Adjusting bond amounts up or down
• Adding restrictions like GPS monitoring or travel limitations
• Requiring substance abuse testing or treatment
• Imposing no-contact orders with alleged victims

Florida Statute 903.047 authorizes courts to impose various conditions ensuring you appear for future court dates and don’t pose a danger to the community.

When and Where Arraignment Happens

Two arraignment timelines to take note of are:

1. For in-custody defendants, arraignment typically occurs within 24 hours of arrest or shortly after formal charges are filed
2. For those released on bond, arraignment is scheduled after the State Attorney files an Information or Indictment

The timeline matters because it affects your speedy trial rights under Florida Rule of Criminal Procedure 3.191, which requires the trial to begin within 175 days after formal charges are filed for felony cases.

The Difference Between First Appearance and Arraignment

How these separate proceedings take place:

• First Appearance: Occurs within 24 hours of arrest, where a judge reviews probable cause, sets bond, and appoints counsel if you’re indigent
• Arraignment: Happens after formal charges are filed, where you’re officially notified of charges and enter a plea

If you’re released on bond after your first appearance, your arraignment will be scheduled for a later date.

Critical Decisions Made at Arraignment

Important decisions happen at your arraignment that affect your case going forward, which include:

Waiving Speedy Trial Rights

Judges routinely ask defendants if they want to waive their speedy trial rights. Under Florida’s speedy trial rule, the State must bring you to trial within 175 days after formal charges are filed for felonies.

Waiving this right gives prosecutors unlimited time to build their case. But sometimes, waiving speedy trial helps the defense. You might need time to:

• Obtain forensic evidence or expert analysis
• Locate and interview witnesses
• Review complex discovery materials
• Negotiate a favorable plea agreement

Waiving speedy trial can also work against you by allowing the prosecution more time to strengthen their case. This decision should be made strategically with attorney guidance.

Scheduling Future Court Dates

The arraignment sets the calendar for pretrial proceedings, including:

• Discovery deadlines
• Motion hearing dates
• Case management conferences
• Trial dates (if speedy trial is not waived)

Missing these dates can result in bench warrants, bond revocation, or other negative consequences.

Discovery Demands

While not always part of the formal arraignment, your attorney can file a discovery demand requiring the State to disclose:

• Police reports and witness statements
• Physical evidence and forensic test results
• Body camera and surveillance footage
• Expert reports and scientific analysis

Florida Rule of Criminal Procedure 3.220 requires the State to provide this evidence, but only after the defense formally demands it.

Can You Skip Arraignment?

According to Florida Rule of Criminal Procedure 3.160(a), if you’re represented by counsel, your attorney can file a written plea of not guilty, and arraignment is deemed waived.

This waiver must be filed before the scheduled arraignment date. When your attorney waives arraignment:

• You avoid taking time off work or arranging transportation to court
• You minimize public exposure in the courtroom
• Your attorney handles the procedural matters efficiently
• The not guilty plea is entered without you being present

The case proceeds the same way whether you appear or your attorney waives your appearance.

Why Having an Attorney at Arraignment Matters

Here’s why legal representation is crucial for your case:

Avoiding Immediate Sentencing

In misdemeanor cases, judges sometimes accept guilty pleas at arraignment and impose sentences immediately.

Protecting Procedural Rights

What your attorney may do at arraignment:

• File discovery demands immediately, preserving evidence before it’s destroyed
• Challenge defective charging documents
• Argue for reasonable bond or release conditions
• Preserve speedy trial rights strategically
• Identify weaknesses in the State’s case early

Negotiation Leverage

Your attorney can begin informal discussions with prosecutors even before formal plea negotiations, potentially identifying paths to reduced charges or dismissal.

What Happens After Arraignment

Once you enter your not guilty plea, the case moves into the pretrial phase:

• Discovery and investigation
• Motion practice
• Plea negotiations

Strong cases go to trial. Weak cases get dismissed or pled down. Your attorney’s job is to determine which category your case falls into and to pursue the best outcome.

Trial Preparation

If negotiations fail and your case proceeds to trial, pretrial preparation intensifies with witness preparation, jury selection strategy, and evidence presentation planning.

Strengthen Your Defense From Day One

Your arraignment sets the tone for how prosecutors and judges view your case. Walking into court with an experienced attorney shows you’re taking the charges seriously.

At Bozanic Law, we handle serious criminal cases with the thorough preparation they demand. We begin building your defense before the first court appearance. Contact us to discuss your case.

Call today. We don’t judge. We defend.