Florida Laws on Post-Indictment Arraignments

• Evidence cannot be presented during an arraignment. Christine Balderas/Photodisc/Getty Images

  Once a grand jury hands up an indictment for a crime, the legal process begins rolling for the defendant accused of the crime. That process starts with an arraignment, where steps taken include pleas and the scheduling of trials and of sentencing. Florida law outlines several steps that must be followed for arraignments post-indictment.

Arraignment

• After an indictment is handed down, an arraignment must be held in a timely manner, either in open court or by video conference.

Not Guilty Plea

• During the arraignment, the charges against the defendant shall be read; after that reading, the defendant shall be asked how she pleads. In the defendant is represented by legal counsel, that counsel may file a written plea of not guilty prior to the arraignment. If that step is taken, the arraignment will be waived.

Guilty Plea

• If a defendant wishes to plead guilty and informs the court prior to arraignment, that arraignment must be held as soon as is practical after the notification.

No Legal Counsel

• Some defendants may opt to represent themselves in court. If they inform the courts of wishing to go that route, prior to the arraignment, the court will inform the defendant of the right to have legal counsel. If the defendant claims to not have the financial wherewithal to hire an attorney, the court shall determine if the defendant is entitled to court-appointed counsel at the arraignment.

Trials and Sentencing

• If a defendant has pleaded not guilty, he must be given a reasonable amount of time to prepare for the trial, as determined by the court. A decision also must be reached as to whether the trial will be before a jury or just a judge. If a defendant pleads guilty at arraignment, sentencing shall be done as soon as is reasonably possible.