Should I plead not guilty?
Asked by: Jessica Dickens | Last update: May 3, 2025Score: 4.4/5 (50 votes)
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.
Why should you plead not guilty?
This plea means the defendant denies the criminal charges and asserts their innocence. By pleading not guilty, the defendant exercises their right to a trial, during which the prosecution must prove their guilt beyond a reasonable doubt.
Is it better to plead guilty or innocent?
It's better to plea bargain than go to trial if you (or your attorney) believe that there is sufficient evidence to convince a jury that you are guilty beyond a reasonable doubt -- regardless of whether you are factually innocent or guilty of the charges presented against you.
What happens if you plead not guilty?
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.
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.
You're supposed to plead NOT GUILTY (even if you did it).
Do most people plead 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 reduce your sentence?
You may be able to enter into a favorable plea agreement with the prosecutor if you agree to plead guilty. They may drop the charges to a less serious offense or agree to reduce your sentence. This can be extremely beneficial, especially if you face a jail or prison sentence.
Does pleading not guilty mean you didn't do it?
Not guilty: When someone is accused of a crime, they can say they didn't do it by pleading "not guilty." This means they will go to trial and the people trying to prove they did it (called the prosecution) have to show they did it beyond a doubt.
Why shouldn't you take a plea deal?
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.
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.
How often do innocent people plead guilty?
About 95% of felony convictions in the United States are obtained by guilty pleas (and at least as many misdemeanor convictions), but only 15% of known exonerees pled guilty (261/1,702). Innocent defendants who plead guilty have an exceptionally hard time convincing anybody of their innocence. Read more.
Is it better to admit guilt?
The best way for your attorney to protect your rights and make sure you get a fair trial is for you to disclose your guilt. When you admit your guilt or participation in the crime, your defense attorney will have the information needed to anticipate how the prosecution will present its case against you.
What happens if found not guilty?
A finding that you are not guilty of the offense means that you cannot be punished for it. Note that it does not necessarily mean that you are actually innocent of the offense. You can be found not guilty of the offense in several different ways, one of which is to get acquitted after trial.
Is it better to just plead guilty?
Pleading guilty does speed up the process of your case, however, there are still a few downfalls to just rushing through this decision. Consider some of these factors. If you plead guilty, you are waiving your rights to take your case to trial. You should consider if the charges can even be proven against you.
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.
What is it called when you plead guilty but not guilty?
Alford plea. The name, Alford plea, is taken from the case North Carolina v. Alford . An Alford plea, also known as a "best-interests plea," registers a formal admission of guilt towards charges in criminal court while the defendant simultaneously expresses their innocence toward those same charges .
Is the first plea deal the worst?
Usually, it is not in the defendant's best interest to accept the first plea offer. Before agreeing to any plea agreement, a defendant should understand: If they will receive a lesser penalty than what could be expected from trial. What the sentence is and when they will be eligible for probation or parole.
What happens if I lose a trial?
However, speaking in the most general sense, if you go to trial and lose, the next step is the sentencing hearing. The sentencing hearing is when the judge will impose your sentence.
Why might someone who is not guilty take a plea bargain?
Sometimes a defendant may want to take a plea bargain to end a case quickly so that they can protect loved ones or friends who might also be investigated or charged based on the same events.
Is it smart to plead 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.
Why do people always plead not guilty?
It's a good idea to always plead not guilty at arraignment because it simply provides you and your lawyer time to review the facts, the evidence and begin working to discredit the charges against you. If you plead guilty, you're admitting to the crime. It's not a question of whether you committed the crime.
What are the consequences of pleading 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. The next hearing will be a pretrial and trial-setting conference.
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.
Why should you never take a plea bargain?
When the evidence against you strongly supports your guilt, it may be advantageous to accept a plea bargain; however, when the evidence is weak or non-existent, accepting a plea agreement will leave you facing criminal penalties you may have otherwise not have faced had you gone to trial and won.
Is pleading guilty a bad thing?
However, the long-term cons of a guilty plea are substantial. A criminal record, even with lesser charges, can hinder employment opportunities, restrict housing options and affect social relationships. And having a criminal record — stemming from a guilty plea — may limit future legal options and rights.