What is an Arraignment in Florida? An Orlando Attorney Explains

By: John Guidry II

An arraignment is your first formal court date in a criminal case. At this hearing, the judge will tell you what you’re officially charged with and what the maximum penalties are. It’s an important date, but here is the most critical thing for you to know: if you hire a private attorney, you will almost certainly never have to go.

In 99% of cases, we either attend the arraignment for you or file a “Waiver of Arraignment” and a written plea of not guilty. This handles all the legal requirements without you ever having to miss work or step foot in the courthouse. However, there are rare exceptions where a skilled attorney can use the arraignment to a client’s massive advantage.

Have an Arraignment Date in Orlando? Don’t go to court. Call my office, and in most cases, we can handle everything for you. Let’s discuss the right strategy for your case. Call John Guidry: (407) 423-1117

When We DON’T Waive Arraignment: A Strategic Advantage

The decision to waive an arraignment is a strategic one. You must have an attorney involved long before your court date to plot and scheme. Here is a real-world example of why:

I once represented a client with a history of sex offenses who was arrested again for a similar crime. This new offense was a serious felony, and he was facing a long prison sentence. But the police officer made a mistake and wrote the ticket as a simple misdemeanor.

This was the prosecutor’s mistake to fix, but we didn’t give them time. Instead of waiving the arraignment, we showed up. We immediately entered a plea to the misdemeanor charge as written. The young prosecutor in the courtroom knew what we were doing but didn’t know how to stop it.

Once the judge accepted the plea on the misdemeanor, the State was legally blocked by double jeopardy from coming back later and filing the correct felony charge. By strategically using the arraignment, we saved our client from a potential prison sentence.

The Bottom Line: Get an Attorney Involved Early

This is why you must consult with an attorney long before your arraignment. The decisions made at this very first stage can have a huge impact on the final outcome of your case.

John’s Takeaways

• An arraignment is your first formal court date, where you are read the charges against you.
• In 99% of cases, if you hire an attorney, they will waive your appearance, and you will not have to attend.
• The decision to attend or waive an arraignment is a strategic one that must be made by an experienced attorney.
• In rare cases, as the case study shows, strategically pleading at the arraignment can be used to block the State from filing more serious charges later.
• You must consult with an attorney before your arraignment date to develop the right game plan for your specific case.

Learn More About Arraignments

For more information on arraignments here in Central Florida, check out my Frequently Asked Questions about Arraignment article found here: https://www.jgcrimlaw.com/what-happens-at-an-arraignment-in-central-florida-faqs/

Some of you have done enough reading for today, and I get that, so I also have some videos about arraignment on YouTube. Feel free to check my video called “The Truth About Arraignments“.

About John Guidry II

John Guidry II is a seasoned criminal defense attorney and founder of the Law Firm of John P. Guidry II, P.A., located in downtown Orlando next to the Orange County Courthouse, where he has practiced for over 30 years. With more than three decades of experience defending clients throughout Central Florida since 1993, Guidry has successfully defended thousands of cases in Orange, Seminole, Osceola, Brevard, Lake, and Volusia counties. He has built a reputation for his strategic approach to criminal defense, focusing on pretrial motions and case dismissals rather than jury trials.

Guidry earned both his Juris Doctorate and Master of Business Administration from St. Louis University in 1993. He is a member of the Florida Bar and the Florida Association of Criminal Defense Lawyers. His practice encompasses the full spectrum of Florida state criminal charges, with a particular emphasis on achieving favorable outcomes through thorough pretrial preparation and motion practice.

Beyond the courtroom, Guidry is a prolific legal educator who has authored over 400 articles on criminal defense topics. He shares his legal expertise through his popular YouTube channel, Instagram, and TikTok accounts, where he has built a substantial following of people eager to learn about the law. His educational content breaks down complex legal concepts into accessible information for the general public.

When not practicing law, Guidry enjoys tennis and pickleball, and loves to travel. Drawing from his background as a former recording studio owner and music video producer in the Orlando area, he brings a creative perspective to his legal practice and continues to apply his passion for video production to his educational content.