What happens after pleading not guilty?
Asked by: Dr. Laury Kunze | Last update: July 12, 2025Score: 4.9/5 (16 votes)
If you plead not guilty, the judge will preside over a trial to determine whether you are guilty or not guilty. The trial may be held that day, but in certain circumstances, it may be rescheduled. In a trial, the prosecutor first will call the state's witnesses (witnesses against you).
What happens if you don't plea guilty?
Once you enter a not guilty plea, the state takes on the burden of proving that you did in fact commit the offense charged “beyond all reasonable doubt.” The state attempts to accomplish this at a criminal jury trial. This is when the prosecution admits evidence in attempt to prove all the elements of the crime.
Does pleading not guilty increase your sentence?
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.
What happens when someone is 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.
You're supposed to plead NOT GUILTY (even if you did it).
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.
What is the outcome of not guilty?
If a defendant is found 'Not guilty,' the case is over and they are allowed to leave the court. If they have been held in prison during the trial, they will be released immediately. If the defendant is found not guilty, that doesn't mean you weren't believed or that people thought you were lying.
Do you have to go to trial 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.
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.
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.
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.
Is it better to 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.
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.
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.
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.
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.
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: 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.
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.
What happens when you are found not guilty in court?
Both acquittal and a not-guilty verdict mean the prosecution could not prove your guilt beyond a reasonable doubt. After you are acquitted or declared not guilty, your "double jeopardy" Fifth Amendment protections kick in, and you cannot be tried again for the same crime.
Can a judge reject a not guilty verdict?
Jury verdicts are statements of the community. Therefore they are given great respect. Furthermore in a criminal case, a judge cannot overturn a verdict of not guilty as that would violate a defendant's 5th amendment right. To overturn a guilty verdict there must be clear evidence that offers reasonable doubt.
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.
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.
How common are not guilty verdicts?
NPR and The Economist reported overall conviction rates above 99%. In 2016, out of 1.2 million people tried, only 1,039 were found not guilty - an acquittal rate of around 0.08%. In 2013, the conviction rate reached 99.93%, with 825 people acquitted out of 1.16 million people put on trial.
How is a not guilty verdict reached?
The jurors meet in private and discuss the case and vote guilty or not guilty. This is called deliberations. To reach a final decision (a verdict), the jury must all agree that a person is guilty or not guilty of each charge. If they vote not guilty, the person is acquitted and can't be tried again.