Once criminal charges are filed, you will make a court appearance which is known as an “arraignment.” If you are incarcerated, this will usually occur within 72 hours of your arrest. During your arraignment, you will be asked to enter a “plea” to the crime you have been charged with. Florida pleas are—
- Guilty plea: If you plead “guilty,” you are admitting to the facts of the crime and the fact that you were the one who committed that crime.
- Not guilty plea: A “not guilty” plea asserts that you did not commit the crime you were accused of. After your plea, a pre-trial or trial date will be set.
- No contest plea: A “no contest” plea indicates that, while you are not admitting guilt, you do not dispute the charge. This is preferable to a guilty plea because guilty pleas can be used against you in later civil lawsuits.
- “Mute” plea: In Florida, you may “stand mute” instead of making a plea. The court will then enter a plea of not guilty. By standing mute, you avoid silently admitting to the correctness of the proceedings against you until that point. You are then free to attack all previous proceedings that may have been irregular.
If you plead “guilty” or “no contest,” there will not be a trial. You will then be sentenced. During the arraignment, the court will also do one of the following:
- Set bail
- Refuse to set bail
- Release you on your own personal recognizance, which means that the court takes your word that you will appear when necessary for later court obligations
