What happens if you refuse to enter a plea in court?
Asked by: Doris Feil | Last update: December 10, 2025Score: 4.2/5 (68 votes)
If the defendant fails (or refuses) to enter any plea, the court must record that fact and proceed to try the defendant as if he or she had entered a plea of not guilty.
Why would someone refuse to enter a plea?
A plea requires an admission of guilt
Perhaps the biggest reason to consider refusal of a plea offer is because acceptance requires you to admit guilt. You have a chance at acquittal if you go to trial, potentially protecting you from a criminal record.
What happens if you decline a plea deal?
If you go to trial, you risk having to pay the trial penalty—a huge difference between the plea offer and the sentence you get after trial.
Do I have to enter a plea in court?
Simply put, criminal procedure rules provide for a court hearing where a defendant responds to the criminal charges against them. The response must be one of the following: a plea of guilty, not guilty, or nolo contendere, which means no contest. In reality, there may be more than one plea hearing in your case.
When can a judge refuse a plea bargain?
If a plea bargain appears to undermine the interest of justice, the judge will likely refuse it. For instance, if the judge feels the deal the prosecution is offering is too lenient for the crime committed or the criminal history of the person who is taking the deal.
What happens when you enter a plea in court?
Do victims have to agree to plea deals?
Not only do victims have the right to offer written input into whether a plea bargaining agreement is proper, but also prosecutors must make a reasonable effort to provide them the opportunity to comment on the agreement terms.
Why would a prosecutor not offer a plea bargain?
Prosecutors usually check with victims about plea deals. If a victim is against it and the case is strong a prosecutor may just choose to go to trial. Sometimes they have office policies especially on certain types of cases against deals.
Is it better 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 happens if a defendant refuses to speak?
Refusal to testify or answer all or any questions on the basis of right against self-incrimination cannot be used against such person in any way or be used as evidence of guilt.
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.
Should I accept the first plea deal?
Before accepting a plea deal, look at how strong the evidence against you may be. If it is overwhelming and your criminal defense attorney advises you that a conviction is likely at trial, accepting a plea bargain may be your best bet to avoid a potentially harsher sentence.
Do you get a harsher sentence if you go to trial?
Potentially Harsher Sentences: If you lose at trial, you could face a much harsher sentence than you would have received if you had accepted a plea deal. You give up the opportunity for a settlement or a more lenient penalty by going to trial.
How long do I have to accept a plea deal?
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.
What happens if defendant rejects plea deal?
The Judge can announce what sentence he would impose, and the defendant can accept or reject it. If he accepts it, he will plead guilty and receive that sentence. If he rejects it, he would go to trial. Similar to this, the Judge does not a.
What is the point at which the defendant is asked to enter a plea?
Arraignment. Arraignment is the stage at which the defendant formally is told what the charges are and is given a copy of them. The defendant then enters a plea responding to those charges, which generally is not guilty or guilty.
Do you get sentenced at a change of plea hearing?
A sentencing hearing is a crucial part of the criminal trial process in California. It occurs after a defendant enters a guilty plea, changes a plea from not guilty to guilty, or is found guilty by a jury. During this hearing, the judge determines the appropriate penalties for the offense committed.
What happens if you refuse to say anything in court?
If you avoid this, you could be held in contempt and face incarceration, fines, or fees. To ensure your rights and interests is in good hands throughout a court proceeding, you may want to reach out to a lawyer who has experience in the courtroom.
What if a victim refuses to testify?
If a victim or witness refuses to testify, the judge could hold them in contempt of court, as defined under Penal Code 166 PC. This misdemeanor carries fines and up to six months in jail in California, underscoring the gravity of their refusal. Also, the judge can decide to fine them or detain them until they comply.
Can you choose not to speak in court?
You have the right to remain silent. Any statement you make may be used for or against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be appointed for you.
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.
What does no plea entered mean?
If the defendant refuses to enter a plea—or to even speak—then the judge will typically enter a not guilty plea on his or her behalf. (The judge may first try to determine why the defendant won't plead and convince him or her to do so.)
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.
Who initiates a plea deal?
Step 2: Initial Discussion The defense attorney initiates informal discussions with the prosecutor to explore the possibility of a plea deal. They discuss the charges, potential penalties, and the desired outcomes for both parties.
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.