If you or a loved one was recently arrested in Palm Beach County, FL, you’re probably wondering, now what? Navigating the legal process and court system can be daunting and stressful. Not to mention, you may have to worry about the potential legal consequences you may face due to an arrest, regardless of whether you are responsible. That’s why having an experienced West Palm Beach criminal lawyer is crucial for your case. You need someone who knows the legal system and will fight to protect your rights in court. With over 20 years of experience, we can walk you through what to expect in the criminal justice system of West Palm Beach, Florida.
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What Happens at Arraignment?
Depending on the severity of the charges against you or the reason for arrest, a few things will happen at your first arraignment in West Palm Beach or the rest of Florida. A few things will happen at an arraignment, which is important for you to know if you have been arrested, but put simply, the State will read what charges are being held against the defendant, which is essentially the reason for the arrest in the first place. In response, the defendant has the right to plead either guilty or not guilty, depending on their role and circumstances surrounding the event. This is why it is so important to hire a criminal defense lawyer as soon as possible who is experienced in West Palm Beach so that you have the best opportunity to defend yourself in the judicial system.
Two Types of Arraignment in Florida
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Felony Arraignment
Felony ArraignmentIn the case that you’ve been arrested on account of felony charges in the state of Florida, it is important to first consult with a criminal lawyer. Due to the serious nature of felony charges, a judge will rarely accept a “guilty” or “no contest” plea. Typically at a first felony arraignment instead other pre-trial proceedings will be scheduled.
Misdemeanor Arraignment
A misdemeanor arraignment occurs when the charges that are being brought against the defendant are not as serious as a felony, but a crime nonetheless that carries its own set of potential legal consequences for a misdemeanor offense. In this case, a judge is more likely to accept a plea of “guilty” or “no contest.” At this point, the defendant and/or their criminal lawyer may enter a plea or be allowed to address the court regarding restitution and sentencing. The defendant in this case may also alternatively request a trial, in which case a trial fate will be set and pre-trial proceedings scheduled.
What Typically Occurs During Arraignment?
Under the Florida Rules of Criminal Procedure 3.160, there are a few main points that occur in the legal proceedings of an arraignment in Florida. The first is the presence of the defendant, in which “the defendant must be physically in attendance in the courtroom or participating through an audiovisual device, and afforded a meaningful opportunity to be heard through counsel on the issues when a plea is entered.” The next part of the process is the defendant is made aware of their right to counsel in which, “Prior to arraigning any defendant, the court should determine if the defendant is represented by counsel. If not, the court should determine whether the defendant is entitled to court-appointed counsel. An indigent defendant in this case is entitled to appointed counsel. A defendant may qualify as indignant depending on their income level and eligibility for public assistance. Although a public defender may be made available to you for your case, we highly recommend hiring your own criminal lawyer. The next part of the process of arraignment involves plea bargaining, in which the court may or may not initiate plea discussions depending on the nature of the crime for which the defendant has been arrested.
Can Charges Be Dropped at an Arraignment?
Although it is not entirely impossible to have charges dropped or your case thrown out at your arraignment, it is highly improbable that this will happen at this point of the judicial process in the criminal court system. More than likely many of those who have been arrested in West Palm Beach, Florida, may have charges dropped or case dismissed at the pretrial phase. When the State of Florida decides to dismiss a case, it is referred to as Nolle Prosse. For more information on whether the charges against you may be dropped at arraignment in West Palm Beach or the rest of Florida, check out our blog post “Will the Judge Throw My Case Out at Arraignment in Florida?”.
What is the Difference Between First Appearance and Arraignment?
It’s important to know there is a difference between a First Appearance and an Arraignment in the West Palm Beach court system, as well as the rest of Florida. Put simply, if a defendant is arrested they are entitled to a First Appearance. This is where a judge will inform the defendant of their rights and the charges against them which resulted in an arrest. The judge may also review police reports and adjust the bond amount, if not release the defendant on their recognizance. At an arraignment, the defendant will be formally advised on the charges filed by the State, which would be Florida in our cases. The defendant is also informed of a right to an attorney if they have not done so already. We highly recommend contacting an experienced criminal lawyer in West Palm Beach or your immediate area as soon as possible following an arrest.
Schedule a Consult With the Top Criminal Lawyer in West Palm Beach
Being accused of a crime or any sort of criminal offense is an emotionally stressful situation for all parties involved. If you or a loved one were arrested in Palm Beach County for a crime, our experienced criminal lawyer in West Palm Beach relies on over 20 years of experience fighting for the rights of individuals accused of crimes. Contact us online by clicking the button below or call us at (561) 671-5995 to speak with aour West Palm Beach criminal attorney today.
The Law Offices of Matthew Konecky handles criminal defense cases in all of Palm Beach County, Palm Beach Gardens, West Palm Beach, Wellington, Boca Raton, Jupiter, Boynton Beach, Delray Beach, Loxahatchee, Royal Plam Beach, Riviera Beach, Lake Worth, Greenacres and all of Broward County.
