Many people refer to the Arraignment as "The Court Date." When they are arrested, the think that this is the Grand Mystical Court Date where everything happens. Where the facts and evidence are set before the Court. Where determinations of guilt or exoneration are made. Where witnesses are subpoenaed and the Trial happens!
This, of course, is fiction. An Arraignment is none of these things.
Unless your case is going to be dismissed at Arraignment because the State is declining to file charges, the Arraignment will likely be the first of several Court appearances.
And this is what you should know about the Arraignment.
1) The Arraignment is the first Court date. This is where the accused will enter a plea of not guilty and set the case for Trial.
2) Unless ordered by the Court to personally appear, an attorney may appear on their client's behalf at the Arraignment. Normally, the client is not required to appear for Arraignment if represented by an attorney.
3) A plea offer may be conveyed at Arraignment. In some instances, a negotiated resolutions, such as Pretrial Intervention, will have been worked out ahead of time and can be accepted by the accused at Arraignment.
4) Arraignments are very quick proceedings, normally concluding in less than 60 seconds.
5) Witnesses are not subpoenaed for Arraignment. No witness is required to appear in Court at Arraignment and no testimony will be taken.
6) Arraignment is not the time to argue the facts of the case. The Judge will not be hearing any substantive motions. Arraignment is simply to enter a plea on the record and set for future dates.
7) Technically, neither the Defendant nor the Attorney are required to appear at Arraignment. Once an Attorney files a Notice of Appearance and Written Plea of Not Guilty, the plea is considered entered and in some counties, the case will even be taken off the Arraignment calendar. In other counties in which Arraignments are always set, the pleadings will just be read into the record by the Clerk and Court notices for future dates will be mailed.
Eric Matheny is a criminal defense attorney serving clients throughout South Florida, namely in Miami-Dade County; Broward County; and Palm Beach County.
Attorney Eric Matheny can be reached here.