Arraignment in Orange County, FL

After an arrest or notice to appear in court is issued, if the state attorney’s office decides to go forward with formal charges, your case will be scheduled for an arraignment. What happens at arraignment?

The arraignment is conducted in open court. The judge or prosecuting attorney reads the information or explains the substance of the charge(s) pending against you on the record, unless you waive the reading of the charges. If you retain a private attorney before the arraignment date, your attorney can filed a written “waiver of arraignment” and “written plea of not guilty,” so that you do not have to appear in court.

If the defendant appears without an attorney at arraignment in a misdemeanor case, the judge might ask the defendant if they want to enter a plea that day. After a plea of not guilty, the defendant is entitled to a reasonable time to prepare for trial.

Attorney for Arraignment in Orange County, FL

If you were arrested for or charged with a crime, contact an experienced criminal defense attorney at Sammis Law Firm. We can represent you at the first appearance hearing in Orlando, FL, to argue for the most favorable pre-trial release conditions.

We can explain the charges pending against you and what happens at arraignment. If you retain an attorney before arraignment, you can avoid the requirement that you must appear in person at the arraignment.

An attorney can help you file motions to dismiss the charges or suppress evidence. If your case is not resolved before trial, your attorney can help you fight for the “not guilty” verdict at trial.

Call 813-250-0500.

The Right to Counsel at Arraignment

If the defendant is not represented by counsel at arraignment, the judge is required to explain to the defendant their right to counsel. If the defendant cannot afford counsel, the court will appoint a defense attorney to represent the defendant if they are determined to be indigent. Before that determination is made, the defendant will be required to execute a financial affidavit showing why the defendant cannot afford counsel.

If the court appoints counsel, a reasonable time shall be given before the defendant is required to plead to charges or otherwise proceed. If the judge determines that the defendant will not be sentenced to imprisonment if convicted, the judge might enter an “order of no imprisonment” which then allows the judge to refuse to appoint a public defender. See Florida Statute Section 27.512 on the “Order of No Imprisonment.”

At the arraignment, the defendant can enter a plea of:

• Not guilty
• Guilty
• Nolo Contendere (only with the consent of the judge)

The plea must be in open court. If a sworn complaint or probable cause affidavit charges only a misdemeanor offense, the defendant may plead guilty to the charge at first appearance under Rule 3.130 even before any formal charges are filed.

The plea of guilty or nolo contendere must be made in open court and recorded stenographically or mechanically. Before the plea, the defendant will be placed under oath. The court must determine there is a factual basis. The court must also determine whether the plea is voluntary and the defendant has a full understanding of the charge, including the minimum and maximum penalty that can be imposed.

If the defendant is not represented by public defender or private criminal defense attorney, the judge must determine whether the defendant understands they have a right to be represented by an attorney. The court will also determine whether the defendant understands the following rights:

• to plead not guilty
• to have the assistance of counsel at trial
• to compel the attendance of witnesses on their behalf
• to confront and cross examine witnesses called against them
• not to be compelled to incriminate themselves
• to a trial by jury

The court will also advise the person entering the plea, that they are giving up the right to appeal all matters relating to the judgment, including the issue of guilt or innocence (unless that right is reserved). Read more about how our criminal defense attorneys for Orlando County, FL, can help you fight your case.

The Maximum and Minimum Penalties in Criminal Cases in Orlando, FL

For misdemeanor offenses, the maximum penalties include:

• for a second degree misdemeanor, the crime is punishable by a fine not exceeding $500.00 or incarceration not exceeding 60 days in the county jail, or both fine and incarceration;
• for a first degree misdemeanor, the crime is punishable by a fine not exceeding $1000.00 or incarceration not exceeding 1 year in the county jail, or both fine and incarceration.

The minimum sentence the court can impose for either a first degree or second degree misdemeanor if you enter a plea of guilty or no contest today, is a withholding of adjudication and the payment of court costs. The term “withholding of adjudication” means that even though you enter a plea of guilty or no contest, you would not be adjudicated guilty by the court and there will be no “conviction” on your record for most purposes. The withhold of adjudication is usually reserved for a first time minor offense.

Keep in mind that for certain professionals that need a license to perform their job, even a withhold of adjudication might have serious consequences to their career.

Some types of crimes come with special statutory penalties. For example, convictions under Section 316.193, Florida Statutes, are prior convictions for purpose of boating under the influence penalties (Section 327.35, Florida Statutes).

For any conviction for fleeing or attempting to elude a police officer, the court may suspend your driver’s license for up to one year. If you are accused of driving while license is suspended/revoked, the first offense is a second degree misdemeanor, the second conviction is a first degree misdemeanor, and the third offense is a third degree felony, under Section 322.34(5), Florida Statutes, or if you are classified as a habitual traffic offender.

For possession or sale of controlled substances, the DHSMV will revoke your license for 2 years or until you complete a drug treatment program, upon receipt of conviction by clerk – Section 322.055, Florida Statutes. For misdemeanors involving death or injury to another, the court may impose an additional fine up to $10,000.

Arraignment for DUI Charges in Orlando, FL

If you are charged with DUI in Orange County, FL, and your blood alcohol level is below .20%, the absolute minimum sentence you will receive if you plea guilty or no contest is as follows:

• Six months reporting probation
• $250 fine
• court costs and surcharges
• 50 hours of community service
• DUI school
• driver’s license revocation for six months
• 10 day vehicle impoundment

For any DUI plea, you will be adjudicated guilty because the court is not allowed to withhold adjudication for that charge. That means there will be a conviction on your record for that offense if you plea guilty or no contest. Read more about DUI crimes in Orange County, FL.

Pre-trial Diversion in Orlando, FL

The prosecutor for the state attorney’s office might offer to resolve the case for misdemeanor pre-trial diversion (PTD) in Orange County, FL, which includes a requirement that the defense complete special conditions including:

• educational classes
• community service
• counseling

If you complete PTD, then the state will drop the charges against you. If you do not complete the requirements of PTD, then the state will set the case for hearing before the judge so that the case can be set for trial. To enter PTD, the defendant must waive their right to a speedy trial.

This article was last updated on Friday, September 26, 2025.