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What's an Arraign Date Mean?

Sarasota, FL |

My bf got arrested for VOP. He had court the next day, which they gave him an arraign date for the 21st of December. The problem is they didn't take him to court. Wasnt he supposed to be there?

Attorney Answers 6

  1. An arraignment is a hearing where the State announces formally what charges have been filed against the defendant. Unless an attorney filed a Notice of Appearance and waived formal arraignment by also entering a written plea of Not Guilty then the defendant's personal appearance would have been required. If your boyfirend did not appear at the arraignment then a capias would be entered by the judge. Since your boyfriend was in custody on another matter at the time of the arraignment, however, it should be easy to prove that his failure to appear was not willful. He needs to file a motion to withdraw the capias and re-set the arraignment and also to vacate the bond estraeture (his bond would also have been estreated due to his failure to appear) I suggest that you conatct a criminal defense attorney in your area to expedite this. Good Luck.

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  2. I agree with everything Mr. Kleiman says, not much to add. Many times the appearance at the arraignment is waived if a NOA has been filed, also, if he is in custody in Sarasota County, the prosecutor was probably aware and advised the court of that fact.

  3. My colleagues are correct, it was simply his arraignment date. He needs to retain a criminal defense attorney to explore potential defenses to the VOP. Good luck.

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  4. My colleagues are both correct. HIre a lawyer to deal with the FTA as it appears not to be willful in nature. Good luck to you!

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  5. In Sarasota, the arraignment date is also known as Early Case Resolution or ECR. If his attorney has worked out a deal for him, the attorney would "Order Over" the inmate from the jail to resolve the case. If no deal has been worked out, the inmate remains at the jail and a new court date is set. My office rountinely handles VOP cases in Sarasota, please feel free to give me a call for a free consultation.

  6. An Arraignment is the official court proceeding where a defendant enters a plea to the charge, either not guilty, no contest or guilty. If a plea of guilty or no contest is entered, then the court will either sentence the defendant at arraignment or set the case for a sentencing later.
    If a plea of not guilty is entered then the case is set on the docket for a pre-trial date and for a a trial period later on.
    My advice is to hire a criminal defense lawyer who can elect to participate in discovery and see if there are any defenses to the charges.