Study of Florida Misdemeanor Courts Highlights Importance of Hiring a Lawyer

A report issued by the National Association of Criminal Defense Lawyers (NACDL) on the state of Florida’s misdemeanor courts analyzed the Florida misdemeanor court system that 3% of the state’s adult population passes through each year.  Authored by University of Tampa, Department of Criminology and Criminal Justice members Sean Maddan, Ph.D. and Alisa Smith, JD, the report is entitled “Three-Minute Justice: Haste and Waste in Florida’s Misdemeanor Courts” and incorporates data from 21 counties in the state of Florida.

The report found that 82% of court arraignments lasted three minutes or less, and 91% were five minutes or less, with a total average arraignment time of 2.93 minutes.  This is a shockingly short amount of time, given that during this period the judge must determine whether the defendant will proceed with or without counsel, what plea they will enter and, in many cases, will accept a plea of guilty or no contest.

Even more shocking is the number of defendants who lacked legal representation.  66% appeared at arraignment without counsel, and of those who chose to retain counsel, only 13% hired private counsel while the remaining 21% accepted court appointed counsel.  Often, defendants are inadequately informed of their right to counsel and advised of the benefit thereof, and are instead implicitly encouraged to waive counsel and enter a plea of guilty.

Nearly 70% of defendants entered a plea of guilty or no contest at arraignment.  Defendants who had retained a private attorney (60.9%) were less likely to plea guilty or no contest than those without counsel (80.2%).  Defendants facing DUI misdemeanors were among the most likely to enter a plea of not guilty (30.1%).

The report highlights the disparities between defendants who retain counsel and those who go without.  Those without seem more likely to be steamrolled through the court system and compelled to issue pleas of guilty or no contest at arraignment, perhaps in spite of their best interests.  Overloaded court dockets incentivize judges and prosecutors to resolve issues quickly, sometimes at the cost of defendant’s due process.  An attorney is an important defensive barrier between the court system and the defendant, providing their client with information about their rights that they may otherwise never receive exposure to during the court process.