How do people plead not guilty?
Asked by: Wayne Reinger | Last update: June 26, 2025Score: 5/5 (14 votes)
Plea of Not Guilty: A plea of not guilty means you are informing the Court that you deny guilt or that you have a defense in your case and that the State must prove its charges against you. If you plead "not guilty" your case will be scheduled for the next available trial docket at your initial court appearance.
Why do some people plead not guilty?
For several reasons. One, they hope that a jury will find them not guilty. Two, they hope to get a deal from the prosecutor before trial. Three, they have not yet come to grips with what they did. Four, they want to stay out on bond as long as possible.
Is it worth pleading not guilty?
By maintaining a not guilty plea, you assert your right to a fair trial and ensure that all aspects of your case are considered, ultimately contributing to a more just and balanced legal process.
How does pleading not guilty work?
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. If you choose to plea "Not Guilty", you have a right to a jury trial, unless you waive that right and request a trial by judge.
Why should you never take a plea bargain?
Critics argue that plea bargains can result in innocent people pleading guilty to avoid the risk of a harsher sentence at trial. There are also concerns about the consistency and fairness of plea deals, as well as the potential for prosecutorial overreach.
You're supposed to plead NOT GUILTY (even if you did it).
Do innocent people take plea deals?
On the federal level, it is estimated that between two and eight percent of convicted defendants plead guilty to crimes for which they are factually innocent.
Can judges ignore plea deals?
The judge has the authority to accept or reject a plea bargain. They will consider the nature of the charges and the defendant's criminal history, if any, as well as the circumstances surrounding the case.
Can you get in more trouble for pleading not guilty?
If you plead not guilty you will have a pretrial conference to try to settle your case. There is no penalty for pleading not guilty. Your sentence will not be more severe or less severe based merely on how you plead.
Do you go to jail right away if you plead guilty?
In most cases, you will not be taken directly to jail. Instead you will be given a period of time in which to complete your commitment. Jail alternatives such as electronic home detention and community service are commonly imposed instead of jail if you do not have criminal history.
What happens if you plead not guilty?
By pleading not guilty, the defendant exercises their right to a trial, during which the prosecution must prove their guilt beyond a reasonable doubt. If the jury or judge finds the defendant not guilty, they are acquitted of the charges, and the case is closed.
Is going to trial a bad thing?
One benefit of going to trial is the possibility of achieving a better outcome than what is offered in a plea deal, perhaps even a not-guilty verdict. However, when the evidence against you is substantial or the potential penalties are severe, accepting a plea deal can result in reduced charges or a lighter sentence.
Do most people plead guilty or not guilty?
More than 95 percent of all U.S. criminal charges are resolved by guilty pleas, not through trials, according to Wilford, whose work focuses on the human dynamics behind legal proceedings, including the reliability of eyewitnesses and the effectiveness of interview techniques used by law enforcement.
Does pleading guilty shorten 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.
Can you be found innocent if you plead guilty?
For that reason, pleading guilty always results in a conviction — you waive your right to fight for the complete dismissal of the charges against you or for an acquittal (finding of not-guilty) in a trial. After you plead guilty, you will be sentenced. Depending on the crime, you may face fines, prison time, or both.
How long does a plea hearing take?
This really depends on the court and the number of defendants at the hearing. In some cases, the plea hearing can be over in 10 to 15 minutes. These are quick in and out hearings. In contrast, some plea hearings may take more than 2 hours.
Can you change your plea from not guilty to no contest?
Note that you can always change a not guilty plea to: “guilty,” or. “no contest” (if the judge allows it)
Why you should never plead guilty?
The consequences of conviction can be costly. You potentially face jail/prison time, fines, court costs, loss of gun rights, loss of voting rights, being kicked out of your apartment, the loss of your job and many other potential "hidden" costs.
Can I sue after being found not guilty?
If you are accused of a crime and acquitted or otherwise found not guilty of the offense, you can still face a civil lawsuit for the same incident. The Double Jeopardy clause only protects you from subsequent criminal prosecution in the legal system.
Do you get paid for time served if found not guilty?
Unfortunately no, the individual is not entitled to payment for time served I'm afraid unless the court orders that or there is a local regulation about that.
Why do lawyers tell you to plead not guilty?
The not guilty plea allows the case to continue, so the lawyer can get more legal fees. It also allows the prosecution and defense to work on a plea bargain, often to the mutual benefit of the defendant and the prosecution. The courts punish people who turn down plea bargains and are found guilty at trial severely.
Is it better to plead guilty or not guilty to a speeding ticket?
By pleading not guilty, you will avail yourself of the opportunity to receive a negotiation concerning the issued charge. Therefore, in most instances, it is recommended that you plead not guilty upon receiving a traffic citation. Speeding cases are fairly technical in nature.
What happens if you lose a trial?
If you lose your case, you can appeal to have a higher court review the jury trial. The appeals process is not a chance at a new trial. There are limited reasons you can file an appeal. An appeal is usually limited to errors of law.
Is a plea deal better than trial?
Nobody knows for sure what to expect from a trial, and a defendant could get a result from a jury that is worse than what a prosecutor offers. Usually, a plea bargain involves getting a lesser charge on a defendant's criminal record and receiving a more lenient penalty.
What happens if you refuse to plea?
(4) Failure to Enter a Plea. If a defendant refuses to enter a plea or if a defendant organization fails to appear, the court must enter a plea of not guilty.
How long is a plea deal good for?
Most plea offers come with an established expiration date, typically set within a few months of the offer's issuance. Once the original plea offer expires, the prosecutor can choose to either extend the same offer or present a new plea deal with potentially less favorable terms.