Does pleading not guilty increase your sentence?
Asked by: Prof. Orin Bruen DDS | Last update: October 15, 2025Score: 4.4/5 (51 votes)
By maintaining a not guilty plea, you retain the leverage needed to negotiate a more favorable plea agreement. This could result in lesser charges, reduced sentences, or alternative sentencing options that might not be available if you initially plead guilty.
Is it worth pleading not guilty?
We strongly advise that you plead "NOT guilty" because you may leave the courtroom in handcuffs. It happens all the time. Remember, most of our clients never go to jail. Some people worry that if they plead “not guilty,” when they feel they are really guilty, that it could hurt them later.
Can you get in more trouble for pleading not guilty?
No, it makes nothing harsher. It is customary and expected for a criminal defendant to plead not guilty at his arraignment. Any other plea results in an immediate conviction and puts you at the mercy of the judge where you can't bargain for a reduction or for a particular sentence.
Does pleading guilty lessen the sentence?
While a guilty plea can lead to a reduced sentence in many cases, there are scenarios where it might not have the desired effect. Mandatory sentences: Some crimes carry mandatory minimum sentences, limiting the judge's ability to reduce a sentence regardless of a guilty plea.
What happens after you plead not guilty?
What happens if I plead not guilty? A not guilty plea denies the charge and none of your constitutional rights are waived unless you expressly wish to do so. You are presumed innocent, and the prosecution must prove your guilt beyond a reasonable doubt at a subsequent trial.
You're supposed to plead NOT GUILTY (even if you did it).
Is it worse to plead guilty or not guilty?
By maintaining a not guilty plea, you retain the leverage needed to negotiate a more favorable plea agreement. This could result in lesser charges, reduced sentences, or alternative sentencing options that might not be available if you initially plead guilty.
What are the benefits of pleading not guilty?
- The pros of a not guilty plea are as follows:
- Preserves the defendant's right to a trial and the presumption of innocence.
- Allows for the possibility of acquittal and no criminal conviction.
- The cons of a not guilty plea are as follows:
- Risk of a harsher sentence if found guilty after trial.
Do you get less time if you plead guilty?
In order to encourage defendants to plead guilty, they will be given reduced sentences in exchange for doing so. When defendants take plea bargains instead of going to court, it saves the court and district attorneys a lot of effort and uncertainty.
How to get a sentence reduced?
You can negotiate for lower criminal penalties during a plea negotiation. Your attorney can argue for a reduced sentence during the sentencing hearing. After conviction, you can file a motion to reconsider your sentence or get an early release with good behavior.
Can a case be dismissed after pleading guilty?
Sometimes the judge will dismiss the charges if the defendant withdraws their plea based on new evidence of their innocence. A judge is more likely to accept a guilty plea withdrawal in the earlier stages of a case or soon after the plea was made.
Does pleading not guilty mean you didn't do it?
Not Guilty Plea
The defendant is informing the court that he or she denies guilt or has a defense in the case and that the state must prove what it has charged in the complaint.
Is pleading not guilty lying?
Even if “you” think you are guilty, when you enter a plea of Not Guilty, you are in no way shape or form lying to the court. You are simply choosing not to give up your rights at the moment. The Judge will not be angry with you for pleading Not Guilty.
Is there a point in pleading guilty?
If you are guilty, and you go to trial, you get whatever punishment the judge decides. If you plead quilty, your lawyer can get you a deal for a reduced sentence or other consideration.
What is the difference between pleading not guilty and innocent?
A not-guilty verdict does not mean that the defendant is innocent, but rather that the prosecution has not met its burden of proving guilt. Innocent, on the other hand, refers to the actual state of the defendant. It means that the defendant did not commit the crime they are being accused of.
Does no contest plea show up background check?
A no-contest plea will result in a permanent criminal record for both types of offenses unless you successfully petition for expungement or an order of nondisclosure (sealing).
How to get a lighter sentence?
- Investigate Your Past to Elicit Sympathy.
- Show Genuine Regret and a Proactive Desire to Improve.
- Plea Bargains.
- Proving Circumstances to Avoid.
- Mitigating Circumstances Surrounding the Offense. There was No Actual Harm Done. The Victim Is Also at Fault.
How do you make a sentence get away?
I can't get away from the office till after five. The company is having problems because they've gotten away from the things they do best. The robbers got away from the police in a fast car. You can't get away from the facts.
What does rule 35 mean?
Under Rule 35, Correcting or Reducing a Sentence in the Federal Rules of Criminal Procedure says, “(a) Correcting Clear Error. Within 14 days after sentencing, the court may correct a sentence that resulted from arithmetical, technical, or other clear errors. (b) Reducing a Sentence for Substantial Assistance.
Why you should never plead guilty?
(1) There may be inadvertent and unintended consequences with your plea. (2) You're actually innocent. (3) It is not your job to plead guilty; it is the government's job to prove the case against you.
Do you go to jail immediately after sentencing?
If a defendant goes to court on their own, enters a plea of no contest or guilty with the prosecution, and is then given a sentence to jail, then they are going to go to jail immediately almost 100% of the time.
Is it better to plead guilty or go to trial?
One reason so many cases get resolved by plea bargain is that a deal provides (more) certainty for the defendant. If the prosecutor and defense make a deal and the judge agrees to it, the defendant will have a good idea of the outcome. With a trial, there's a much bigger risk of a tougher sentence.
What happens if I plead not guilty and lose?
You will have an additional court appearance for trial. If you lose, you may receive a higher fine than that offered by the Town for a guilty plea.
How do you know if a criminal case is strong?
If the state has strong witnesses, photographs, video, or other compelling evidence, or you made damaging admissions, the prosecutor will most likely take a harder approach in your case, making it harder to get the charges against you reduced to a lesser offense. Your defenses will play a role in the outcome as well.
Why do guilty people go to trial?
You Could Defeat the Most Serious Charges Against You
The defendant cannot plead guilty because they would be over-punished for what they really did. A trial may be necessary to fight some of the more serious charges. If not, the defendant might be facing a much longer jail sentence than necessary.