Is It Bad To Plead Not Guilty?

Why plead not guilty if you are guilty?

If the defendant pleads guilty at the arraignment, this plea is locked into place.

Because of the availability of changing a plea to guilty later on, most criminal defendants plead not guilty at the arraignment because they know they can later change the plea if they do reach a favorable agreement..

What is it called when you don’t plead guilty or not guilty?

From Wikipedia, the free encyclopedia. An Alford plea (also called a Kennedy plea in West Virginia, an Alford guilty plea and the Alford doctrine), in United States law, is a guilty plea in criminal court, whereby a defendant in a criminal case does not admit to the criminal act and asserts innocence.

When you plead not guilty what happens next?

A plea of not guilty means you believe you have not violated the law. When you plead not guilty, the Judge will set a date for trial. A trial will not be held on your initial arraignment date as all necessary witnesses will not be present.

Is it better to plead or go to trial?

Having a guilty plea or a no contest plea on the record will look better than having a conviction after a trial. This is partly because the defendant likely will plead guilty or no contest to a lesser level of offense or to fewer offenses.

What happens if you go to trial and lose?

Your lawyer can tell you what to expect in the event you lose your case based on his experience with that judge and that judge’s reputation. … These judges usually do everything they can to get rid of the case prior to trial. So, if you make them go to trial, and you lose, you might pay the price.

Does pleading guilty reduce your sentence?

In exchange for pleading guilty, the criminal defendant may receive a lighter sentence or have charges reduced. Additionally, pleading guilty avoids the uncertainty of a trial. Juries can be unpredictable. Prosecutors may uncover additional evidence that can make it more likely for a jury to convict the defendant.

What happens if a defendant refuses to speak?

If the defendant refuses to enter a plea—or to even speak—then the judge will typically enter a not guilty plea on his or her behalf. (The judge may first try to determine why the defendant won’t plead and convince him or her to do so.)

What are the 5 types of pleas?

Types of Criminal PleasGuilty. Guilty is admitting to the offense or offenses. … Not Guilty. Pleading not guilty is perhaps the most common plea entered in criminal court. … No Contest. A no contest plead means you neither agree or disagree with the charges against you, and you are just pleading to close the case. … Withdrawing a Plea.

What does not guilty mean?

NOT GUILTY: means you formally deny committing the crime of which you are accused. If you plea Not Guilty, your case will proceed towards a trial where the State must prove you guilty of the crime.

What happens if your not guilty?

Essentially, a verdict of not guilty is an acquittal. If a jury or judge finds you not guilty of a criminal charge, you are acquitted and your case is closed. If you’re found guilty of a charge, you are said to be convicted and must face the penalties imposed for the crime, though you have the option to appeal.

Should I plead not guilty at arraignment?

A not guilty plea simply means that the criminal defendant is going to make the state prove the case against them. It is often wise that defendants plead not guilty at arraignment—even if they think they are guilty.

What does a judge say when someone is not guilty?

Judge says, “You may read the verdict.” Jury foreperson reads the verdict. Judge makes sure the verdict is unanimous by saying, “So say you all?” to which the entire Jury should respond, “Yes, Your Honor.” Judge talks about sentencing.

How do you avoid jail time?

Generally, a defendant might avoid a prison sentence by:Preliminarily pleading guilty to the charged conduct.Attending alcohol and drug rehabilitation.Enrolling in job-training programs and obtaining beneficial employment.Engaging in community service.Getting mental health assistance.More items…•

Is it better to plead guilty or not guilty?

You should definitely plead NOT GUILTY to your criminal or traffic charge! … The criminal justice system is designed for you to plead “Not Guilty.” This is the case because in America you are considered innocent until the prosecutor can prove you guilty beyond a reasonable doubt.

Can a case be dropped at arraignment?

It is possible for the judge to dismiss your case during an arraignment if he or she sees you’re the officers and the prosecution have a shaky foundation on which to charge you. Your attorney could ask the judge to drop the charges against you by filing a motion prior to your arraignment.

Why you should never take a plea bargain?

In addition, a guilty plea May haunt you for the rest of your life because it may result in a guilty finding that cannot be expunged from your record. In addition, if you’re found guilty and placed on a period of Probation, and during that period of probation you violate, you could be facing substantial jail time.

Do you go to jail after pleading guilty?

If you plead guilty, you could receive a penalty, such as a fine, a good behaviour bond, or for more serious crimes, a prison sentence or intensive corrections order. You could also lose your licence and get a criminal record (there are some exceptions to this).

Do I need a solicitor if pleading guilty?

Pleading guilty or not guilty If you do not plead guilty, a trial will have to take place. A solicitor is required to explain that if you plead guilty at the earliest opportunity, any punishment will be reduced by up to a third.