What if I plead not guilty?
Asked by: Joany Wolff | Last update: May 26, 2025Score: 4.8/5 (54 votes)
What happens if I plead not guilty? A not guilty plea is a denial of 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.
Is it bad to plead not guilty?
Truthfully, it depends upon the circumstances of an individual case. And the advice of the attorney that you have, hopefully, already consulted. Typically, though at an arraignment you are better off pleading not guilty as it buys you and your attorney some time to understand more about the facts of the case.
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 am 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 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.
You're supposed to plead NOT GUILTY (even if you did it).
Why you should never plead guilty?
By maintaining a not guilty plea, you ensure that your right to a fair trial is preserved, and the burden of proof remains squarely on the prosecution. Additionally, pleading not guilty allows your defense attorney the necessary time and opportunity to build a robust defense.
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.
Does a not guilty case go on your record?
A not guilty verdict does appear on your criminal record. It's right there with your original arrest and the charges the state levied against you. And even though you're not guilty of committing the crime, you have a criminal record – unless you choose to do something about it.
Can you be tried again after being found not guilty?
The Double Jeopardy clause protects a defendant from being tried again for the same crime after being acquitted (found not guilty) by a jury. In effect, this means that once a jury has found a defendant not guilty, the prosecution cannot appeal the verdict and seek a new trial on the same charges.
What happens when someone says not guilty?
What happens if I plead not guilty? A not guilty plea is a denial of 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.
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.
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.
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.
What happens if a defendant does not plead guilty?
Not Guilty Plea
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 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.
Is not guilty the same as innocent?
In short, "not guilty" is not the same as "innocent." Innocent means that a person did not commit the crime. Not guilty means that the prosecution could not prove "beyond a reasonable doubt" that a person committed the crime. Therefore, the court does not pronounce someone as “innocent” but rather “not guilty”.
Do you go to jail after being found guilty?
Your specific charge determines if you will go to jail after being convicted. Any charge that qualifies as a Class B misdemeanor or greater may result in jail time. You may face consequences beyond those assessed by the court.
Can a judge overturn not guilty?
The judge may grant a judgment as a matter of law (JMOL) if it appears there is no issue of material fact for a jury to decide. A judge can deliver both these judgments, but they can't set aside an acquittal in a criminal case. Once a jury has rendered a not-guilty verdict, the judge can't overturn it.
What are the chances of being found not guilty?
As most cases do not go to trial, convictions were the result in 42 percent of total criminal cases, whereas acquittals were only 0.2 percent of the total.
Do not guilty verdicts show up on background check?
Employers can conduct different background checks. Dismissed charges can appear on these, depending on the type and circumstances surrounding them. Criminal background checks reveal information on arrests, misdemeanors, and the disposition of the case. They can include dismissed charges that are not sealed or expunged.
Can a judge throw out 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.
Can a case be reopened after found not guilty?
A defendant whose conviction was reversed on appeal may be retried without violating double jeopardy. However, any charge of which the defendant was found not guilty the first time cannot be retried.
Is suing someone worth it?
Before filing a lawsuit, prospective litigants should consider what they want from a case. Civil courts can only give you money or return property. A judgment cannot fix an underlying family problem or neighborhood feud. Lawsuits cost time and money, even if you get court costs awarded with a judgment in your favor.
Can you sue the police if you are found not guilty?
If previous charges were dropped, then it may seem like you were “falsely arrested,” but it is important to keep in mind that you can only sue if you were arrested without probable cause.
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.