When you are arrested in Florida and charged with a crime, you will have an arraignment. An arraignment is a hearing that takes place after the arrest where the Court informs you of the charges against you and asks you to enter a plea.
In County Court (where
misdemeanors and
criminal traffic offenses are prosecuted), many cases are closed at arraignment because accused people - not represented by counsel - accept guilty pleas in order to close out their cases. For some, the thought of getting their case over with is more important than anything else.
The system relies upon these snap decisions. In a sense, if everybody set their case for trial the courts would be overwhelmed. But pleading guilty has serious consequences. And while the prosecutors - and even judges - may be pushing those pleas upon defendants at arraignment, here are some things that you should know before accepting a plea at arraignment.
DISCOVERY
Under Florida law (
Florida Rule of Criminal Procedure 3.220), all accused persons are entitled to discovery. Discovery is any information, documents, evidence, or tangible things in the possession of the State Attorney's Office or any law enforcement agency or government entity regarding your case. The State must give you a list of witnesses with knowledge about your case. They must also give you, or at least make available, all police reports.
Discovery is not automatic. You must make a demand for it. As a
criminal defense attorney, I demand discovery in every single case I handle. However, discovery is usually not provided until after arraignment. So if you plead guilty at arraignment, you will have no idea what the State's evidence against you may be. The State may have a weak case that should be taken to trial or at least used as leverage in obtaining a better plea bargain.
NEGOTIATION
One of the jobs of a criminal defense attorney is to negotiate the best resolution for their client's case. Most criminal cases are resolved by way of
plea negotiations. However, if you accept a plea at arraignment, not only are you accepting a plea without being represented by an attorney, you are taking the first offer that comes your way. You wouldn't take the first offer from the salesman at the car lot, so why do the same, especially when your freedom, reputation, and permanent criminal record are at stake.
CONSEQUENCES
Guilty pleas in criminal cases have consequences. Even "no contest" pleas. First of all, if the charge is a misdemeanor, any
domestic violence charge will leave you with a criminal record that cannot be sealed. Even if you are offered a
withhold of adjudication. There are several charges, even misdemeanors, that cannot be sealed.
Click here to find out which criminal charges cannot be sealed.
The criminal justice system should not be something that you take on alone. You wouldn't operate on yourself if you needed surgery. You would likely leave that in the hands of a professional. The same goes for hiring a criminal attorney.
Felony court is more cautious and will always provide you with a public defender if you cannot afford to hire a lawyer. But misdemeanor court sometimes operates like an assembly line, especially if you are not entitled to a public defender (if the State is not seeking to put you in jail).
Don't give in to pressure from judges or prosecutors. Do yourself a favor (quite possibly the greatest favor ever) and hire a criminal defense attorney. Allow your attorney to review the discovery, inform you about the charges, and consult with you about your case before making any decisions.
I represent clients in Miami-Dade and Broward. If you are facing any criminal charges in Miami-Dade or Broward,
call me.