Should you plead not guilty?
Asked by: Vince O'Connell | Last update: April 10, 2025Score: 4.4/5 (35 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.
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 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.
Is there any advantage to pleading no contest?
Legal Advantages
By pleading no contest as a part of a plea bargain, a defendant can avoid going to trial on a criminal charge. This can be advantageous if a trial's outcome is uncertain or if a defendant doesn't want facts in the case to be aired out in public in a criminal proceeding.
You're supposed to plead NOT GUILTY (even if you did it).
Can I change my plea from not guilty to no contest?
Not Guilty
You can later decide to change your plea to guilty or no contest if you wish. 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.
What happens after pleading guilty?
By pleading guilty you waive your constitutional rights and in most cases will be sentenced right then. However, you may speak on your behalf at sentencing. The Judge will then usually review the police report, if available, and sentence you.
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 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.
Should I plead guilty or go to trial?
Potential for Reduced Penalties: Often, prosecutors will offer a reduced sentence if you plead guilty, especially in exchange for cooperating with their case or taking responsibility for your actions. If you are facing serious charges, a plea deal might be more appealing than risking a lengthy sentence at trial.
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.
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.
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 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.
Should I plead guilty to shoplifting?
If solid evidence links you to the crime, such as surveillance footage or eyewitness testimony, pleading guilty may be in your best interest. On the other hand, if there are weaknesses in the prosecution's case or doubts about your involvement in the theft, pleading not guilty may be a better option.
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.
What comes after a not guilty plea?
I wanted to finish up this series with what happens after you plead not guilty. You have two options, contest the charge or try to get a plea deal.
What happens if the defendant is found not guilty?
The phrase “not guilty” means that the defendant is not legally answerable for the crime. An acquittal is a finding by the jury or judge that the defendant is not guilty after a jury or a bench trial. Acquittals trigger your Double Jeopardy protection from another prosecution for the same offense.
Do you get less punishment if you plead guilty?
Many defendants accused of a crime assume pleading guilty automatically results in a lighter sentence, but the outcomes can vary depending on numerous factors. Continue reading for expert insights into the complexities surrounding guilty pleas and how they affect sentencing in California.
Why would a person plead guilty rather than take their chances in court?
Many plead guilty to guarantee a reduced sentence. Even if innocent, five years is better than eight. They know they are guilty and would be found guilty in trial and take a plea so they get less of sentence than they would get if found guilty at trial.
What happens if you plead guilty to a felony?
If you were to plead “guilty,” the Judge would set your sentence on each of your charges to whatever he or she wants within the minimum and maximum sentence allowed by law. On your Felony charge, the Judge can put you in prison!
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.
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.
Can I sue after being found not guilty?
Yes. Dropped charges could make a malicious prosecution claim possible. But when a verdict was rendered, it may be more difficult to pursue a civil claim after the fact. Before a criminal case can proceed to the trial phase, the court must find probable cause.