Your first date after release from jail is called “Arraignment”

The Florida Rules of Criminal Procedure correctly name your first court date Arraignment because that is what this proceeding has been called for hundreds of years in English Common Law countries. Florida still uses common law although he federal legal system does not.

Although the name of the proceeding has already been determined by custom, history and Rule 3, judges often change the name of this proceeding which causes unneeded confusion.

“Felony Plea” may be listed in the Clerk of the Circuit Court Website

Although the name of this proceeding has already been determined by law, as mentioned above many judges change the name of this proceeding. Don't be surprised if you see something else, either. The judge runs the docket as they see fit.

Your first court date is not a trial

In felony court, the judge cannot take an early plea of guilty or no contest because a sentencing score sheet has not been prepared. No score sheet, no sentencing. So, this is actually a pointless court date from a client's perspective: time is taken off from work or other things, the defendant is publicly humiliated by the reading out of the charges in open court, and none of this is necessary!

The best way to handle arraignment (or “felony plea” day) is to:

1. Hire legal counsel and let them handle this proceeding
2. Let them file a Written Plea of Not Guilty on your behalf
3. A Waiver of your appearance at Arraignment will also be filed

Once a Waiver has been filed, you do not need to appear in court for formal charging and the public humiliation that comes with it. 

What about misdemeanor court? This is one of the most dangerous court appearances in the life of a criminal case.

Never enter a guilty or no contest plea at misdemeanor Arraignment

“Courthouse Surprise” is an unexpected jail or prison sentence. This is the most common fact pattern:

1. The defendant is arrested.
2. The defendant has the money but doesn't want to spend it on hiring a criminal defense attorney.
3. The defendant researches and researches online and decides the judge will most likely just give a minor fine and withhold conviction.
4. The defendant goes to court at arraignment in either Fort Walton beach or Crestview.
5. The defendant pleads guilty or no contest and the judges accepts the plea after a series of questions known as a “plea colloquy”.
6. The judge looks into the court file and reads the documents. The judge notes there is an aggravating factor. The defendant had no idea that this fact would aggravate the case:

• a child was in the car on a DUI
• there was a traffic accident
• children were present during a domestic violence allegation
• the theft charge involved an employer/employee
• no prescription for medical marijuana and a child was in the house/vehicle/whatever
• the person claiming to be a victim shows up or has already written a letter to the State Attorney about how much they have suffered and why the defendant should get the maximum

The actual list is much longer but the main take away is that Courthouse Surprise is real: you don't know what you don't know and it can hurt you. People with no prior record are buckled up and hauled to jail with stunned looks on their faces. Kids come home to an empty house; pets have died.

Your best bet is to hire legal counsel for any and all criminal charges. Many people find this out after they are sitting in jail, wondering how something so minor could blow up their life.