Do I have to go to my arraignment in Florida?

Arraignment is the court date where the formal charge is read, or summarized, and the defendant is asked to plead. People worry about it because it often falls on a workday, or after they have gone home to another city or state. This page explains what the Florida Rules of Criminal Procedure (October 1, 2026 edition) require, when a lawyer can handle it without you, and where arraignments are held in Palm Beach and Broward counties. What comes before it, from booking to first appearance, is on our page about the first 48 hours after an arrest. For the charges Mr. Mead defends, see the criminal defense practice areas.

How does an arraignment work, step by step?

1. Formal charges are filed. The State files an information or other charging document, within 30 days for a person in custody or 60 days for a person released (Rule 3.134).
2. Notice goes out. The court or clerk sends the arraignment date, time and courthouse, or it appears on the notice to appear.
3. Choose how to plead. With a lawyer, a written plea of not guilty can be filed at or before arraignment, which waives the hearing. Without one, the defendant attends.
4. The hearing. The charge is read or summarized, the right to counsel is explained to anyone without a lawyer, and the defendant pleads.
5. After a not guilty plea. The case is set for pretrial conferences, discovery and, if needed, trial, with the defendant entitled to reasonable time to prepare (Rule 3.160(d)).

What happens at an arraignment?

Under Rule 3.160(a), the arraignment is held "in open court or by audio-video communication technology in the discretion of the court." The judge, clerk or prosecutor reads the charging document or states the substance of the charges, and the defendant is called on to plead. The reading can be waived. A defendant may plead not guilty, guilty or, with the court's consent, nolo contendere (no contest) (Rule 3.170(a)). A plea of not guilty "is a denial of every material allegation" in the charging document (Rule 3.170(e)), and a defendant who stands mute or pleads evasively has a plea of not guilty entered (Rule 3.170(c)). After a not guilty plea, the defendant is entitled to a reasonable time to prepare for trial (Rule 3.160(d)). The outer time limits for the trial itself are on our page about speedy trial deadlines in Florida.

If the defendant has no lawyer, the court must first advise of the right to counsel and, for a person who cannot afford one, the right to a court-appointed lawyer at arraignment and every later stage (Rule 3.160(e)).

When can a lawyer handle the arraignment for me?

The key sentence is in Rule 3.160(a):

"If the defendant is represented by counsel, counsel may file a written plea of not guilty at or before arraignment and thereupon arraignment must be deemed waived."Florida Rules of Criminal Procedure, Rule 3.160(a)

Rule 3.170(a) says the same from the other side: "A plea of not guilty may be entered in writing by counsel." And the presence rule, Rule 3.180(a)(2), requires the defendant to be present when a plea is made, "unless a written plea of not guilty has been made in writing." In practice, that means a represented defendant who intends to plead not guilty often does not need to appear on the arraignment date. Misdemeanor defendants have another option: "Persons prosecuted for misdemeanors may, at their own request, by leave of court, be excused from attendance at any or all of the proceedings" (Rule 3.180(d)).

Visitors arrested while in Florida face the same rules, discussed in what happens to an out-of-state driver after a Florida DUI.

When must I be in court?

Whatever the rule says, the court's own notice controls your obligations. Never assume a date is excused until your lawyer confirms the filing was made and accepted.

What if I miss a required court date?

The consequences are serious. A person released on bond who willfully fails to appear forfeits the security given for release and commits a separate crime: a third-degree felony if released on a felony charge, or a first-degree misdemeanor if released on a misdemeanor charge (s. 843.15(1), Florida Statutes). A defendant who willfully fails to appear and breaches a bond is not eligible for a recognizance bond afterwards, and one who is arrested after the forfeiture faces a monetary bond of at least $2,000 or twice the original, whichever is greater (Rule 3.131(d)). How bond works, and how a cash bond can be lost, is explained on our page about how bond is set in Florida.

Where are arraignments held in Palm Beach and Broward?

• South Palm Beach County: the State Attorney's South County office says "Misdemeanor, criminal traffic and driving under the influence (DUI) arraignments are conducted weekly at the South County Courthouse," 200 West Atlantic Ave., Delray Beach. Under the Fifteenth Circuit's Administrative Order 4.603, cases from the Southern Region, which includes Boca Raton, Boynton Beach, Delray Beach and Florida Atlantic University, are heard there. What to expect at that building is on our page about the South County Courthouse in Delray Beach.
• North Palm Beach County: the State Attorney's North County office says misdemeanor, criminal traffic and DUI arraignments and non-jury trials are conducted weekly at the North County Courthouse on PGA Boulevard in Palm Beach Gardens.
• Gun Club Road: the State Attorney's branch office in the Palm Beach County Jail building at the Criminal Justice Complex handles first appearances, "felony and misdemeanor arraignments, custody and violations of probation."
• Broward County: the Seventeenth Judicial Circuit says county criminal judges, who hear misdemeanors and criminal traffic cases including DUI, sit at the Central Courthouse, 201 SE 6th Street, Fort Lauderdale, and at satellite courthouses in Hollywood, Plantation and Deerfield Beach.

Why can the arraignment date matter in a Palm Beach DUI case?

Because of one local program. The Palm Beach County State Attorney's first-time DUI program sheet says the plea "must be entered at the Arraignment stage of the case" and "prior to the filing of any defense motions, demands for discovery, or demands for jury trial." Eligibility is at the office's sole discretion. If that program might fit, the choice has to be made before arraignment; see our page about the Palm Beach County first-time DUI program.

What changes the answer?

• Whether you have a lawyer. Only counsel can file the written plea of not guilty that waives arraignment (Rule 3.160(a)).
• Misdemeanor or felony. In a misdemeanor case the court may excuse attendance at the defendant's request (Rule 3.180(d)); felony defendants have no such general rule.
• The plea you intend. A guilty or no contest plea requires the defendant's presence unless the court accepts a waiver and an audio-video appearance (Rule 3.180(a)(2), (b)(2)).
• Custody. A person still in jail may be arraigned at the jail complex; in Palm Beach County, the State Attorney's Gun Club Road office handles arraignments and custody matters, as described on our page about the Palm Beach County jail and first appearance.
• A program decision. In a Palm Beach DUI, the first-time program's plea must come at arraignment. Other diversion programs have their own deadlines, set out in pretrial diversion in Palm Beach and Broward.
• The court's notice. Whatever the rules allow, the notice you received controls until your lawyer confirms otherwise.

A worked example

For example, picture a hypothetical misdemeanor case from a Fort Lauderdale arrest, where the person lives and works in Orlando. The State files the charge within 60 days of the arrest, and the notice sets an arraignment at the Broward courthouse on a weekday morning. The person hires a lawyer, who files a written plea of not guilty before the date, so the arraignment is deemed waived under Rule 3.160(a). Because it is a misdemeanor, the lawyer can also ask the court to excuse the person from later hearings under Rule 3.180(d). The person still must appear whenever the court requires it, for example for trial. If the person had no lawyer, the safe course would have been to attend in person. This is a hypothetical walk-through, not a prediction.

Common mistakes people make

• Assuming a lawyer's appearance excuses them without confirming that the written plea was filed.
• Sending a relative to court to explain an absence.
• Pleading guilty at arraignment to "get it over with," without seeing the evidence.
• Going to the wrong courthouse; check the notice for the building and courtroom.
• Letting the arraignment pass in a Palm Beach DUI without deciding about the first-time program.

A fuller checklist for the days after a charge, including what paperwork to gather and what to avoid, is in the first week after being charged with a crime.

What to do this week

1. Find your court notice or notice to appear and confirm the date, time and courthouse.
2. Decide whether to hire a lawyer before the arraignment date.
3. If you will have counsel, ask that the written plea of not guilty be filed and confirmed.
4. If you cannot attend a later date, ask your lawyer about a waiver or excusal in advance.
5. Keep your bond paperwork and conditions with the notice.

The other early steps in a criminal case are explained in whether criminal charges can be dropped before trial.

Frequently asked questions

What is the difference between first appearance and arraignment?

First appearance is within 24 hours of arrest for anyone still in custody and deals with rights and release (Rule 3.130). Arraignment comes after formal charges and is where the plea is entered (Rule 3.160).

Can I appear at arraignment by video?

Rule 3.160(a) lets the court hold arraignment in open court or by audio-video communication technology at its discretion. Check the notice or ask your lawyer.

Can I plead no contest at arraignment?

Yes, with the court's consent (Rule 3.170(a)). A no contest plea still leads to a sentence, so it is worth understanding the consequences first.

What happens after I plead not guilty?

The case moves into discovery and pretrial conferences, and the trial clock under Rule 3.191 keeps running unless waived or extended.

Is missing arraignment a crime?

Willfully failing to appear while released on bail is a separate crime under section 843.15, and the bond can be forfeited.

Where is my Boca Raton case arraigned?

Under AO 4.603, Boca Raton cases are in the Southern Region at the South County Courthouse. Local details are on our Boca Raton DUI and criminal defense page.

How can Mr. Mead help with the arraignment?

Mr. Mead can file the written plea of not guilty where that is the right move, confirm what the court requires of you, and use the time after arraignment to review the evidence. If you live far from the courthouse or cannot miss work, tell him early. Every case is different, and no outcome can be promised. Call (561) 362-6677, 24 hours a day.

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