THE Arraignment Process – A comprehensive Guide

The following video and provided transcription provides a comprehensive guide to the Arraignment Process in Hillsborough County, Tampa Florida:

After a person has been arrested and has had their First Appearance hearing (usually the next morning in Hillsborough County), the next court appearance is called the Arraignment.

At the Arraignment, the judge will ask whether or not charges have been filed. The State Attorney will respond, “yes they’re filed / no they are not”.

In between the First Appearance and the Arraignment is another opportunity where a criminal defense lawyer can help you. A criminal defense lawyer will be able to speak to the prosecutor and persuade them not to file charges or file less serious charges, or fewer charges.

Criminal Defense Lawyers:

Attorneys Frank Fernandez and Jeff Quisenberry, along with the entire Fernandez Law Group staff were absolute professionals handling my criminal case. I couldn’t be happier with the deal I received. Very trustworthy and reliable when it came to my defense in criminal court.

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Also at the Arraignment, the judge will ask “have you retained a lawyer, sir or mam – or do you want us to appoint a public defender?”

In most cases, the person being charged does not have to appear at his or her Arraignment if they have hired a criminal defense lawyer.

It’s important to remember the earlier you retain a defense attorney, the greater likelihood of resolving the case in your favor.

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At the Arraignment, you will find out what the charges that are being brought against you are, and whether or not the charges have been or will be filed.  You will also find out if the prosecutor is seeking a certain type of punishment or sentence.

The next hearing after the Arraignment is called the Disposition in Hillsborough County.

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Preparing for a criminal arraignment:

1. Understand the Purpose

  • An arraignment is the formal reading of charges against you, and you’ll have the opportunity to enter a plea (guilty, not guilty, or no contest).

2. Consult Your Attorney

  • Meet with your attorney to discuss the charges, possible defenses, and what to expect during the arraignment. They can provide valuable guidance and support.

3. Review the Charges

  • Familiarize yourself with the specific charges being brought against you. Understand the potential consequences and penalties associated with those charges.

4. Prepare Your Plea

  • Decide on a plea based on your attorney’s advice. Understand the implications of each plea:
    • Guilty: You accept responsibility and may face sentencing.
    • Not Guilty: You deny the charges and will contest them.
    • No Contest: Similar to guilty but cannot be used against you in civil court.

5. Gather Documentation

  • Collect any relevant documents that your attorney may need, such as notices from the court, police reports, or evidence that may support your case.

6. Dress Appropriately

  • Wear professional and respectful clothing to convey seriousness about the proceedings.

7. Arrive Early

  • Plan to arrive at the courthouse early to avoid any last-minute stress. This gives you time to find the courtroom and settle in.

8. Practice Courtroom Etiquette

  • Be respectful to the judge, court staff, and others in the courtroom. Stand when the judge enters and exits, and speak clearly and politely when addressing the court.

9. Prepare for Questions

  • You may be asked simple questions, such as your name, address, and understanding of the charges. Be prepared to answer these clearly.

10. Understand Your Rights

  • Be aware of your rights during the arraignment, including the right to have legal representation.

11. Discuss Next Steps

  • After the arraignment, discuss with your attorney the next steps in your case, including potential plea negotiations, hearings, or trial preparations.

12. Stay Calm

  • It’s normal to feel anxious. Take deep breaths and stay focused on the process.

By preparing thoughtfully, you can approach your arraignment with confidence and clarity. Always prioritize communication with your attorney throughout the process.

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