Court Process, Plea & Trial

Should I plead not guilty at arraignment?

Attorney-Reviewed Answer
Reviewed by Jeff T. Gorman, Criminal Defense Attorney & Former 19th Circuit Prosecutor (Fla. Bar #538183). Last reviewed: September 2026
Short Answer
Almost always yes. A not guilty plea preserves everything; it doesn't commit you to a trial.

Yes, essentially always. A not guilty plea at arraignment is not a claim about what happened — it's a procedural step that keeps every option open.

What it preserves: the right to receive discovery and see the State's evidence, the ability to file motions including suppression, the opportunity to depose witnesses, and the ability to negotiate from a position of knowing what the case is.

Pleading guilty at arraignment gives all of that away, and it happens more often than it should — usually from a desire to get it over with, or because someone was told the offer expires.

Offers rarely expire the way people are told. And an offer accepted before discovery is an offer accepted without knowing whether the stop was lawful, whether the test was valid, or whether the witness will appear.

Nothing about pleading not guilty commits you to a trial. Most cases resolve without one. The plea simply preserves the ability to make that decision with information.

Not guilty now means informed later. It costs you nothing. ---

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This page answers a common question for general informational purposes and is not legal advice, and no attorney-client relationship is formed by reading it. Florida law changes; while this answer is reviewed by a licensed Florida attorney, the right answer depends on the specific facts of your situation — consult an attorney. Serving Martin, St. Lucie, Palm Beach, Indian River, and Okeechobee Counties.