What is a standing mute plea?
Asked by: Leila Hane II | Last update: January 11, 2026Score: 4.9/5 (23 votes)
Stand Mute Definition The defendant can plead guilty, not guilty, or stand mute (also known as a “standing silent” plea). Standing mute or silent means a defendant does not take a stance on being guilty or not guilty; they remain silent pursuant to rights guaranteed by the 5th Amendment.
What does "standing silent plea" mean?
Definition: When someone is accused of a crime, they have to say if they are guilty or not guilty. If they refuse to say anything, it's called standing mute. This means they are not entering a plea to the criminal charge.
Why would someone stand mute?
There are a number of reasons why a defendant may choose to stand mute. In some cases, they may be attempting to delay the proceedings or hoping to negotiate a plea agreement with the prosecution. In other cases, they may be protesting the legitimacy of the court or the charges against them.
What are the 3 types of plea?
There are 3 basic types of pleas in criminal court: guilty, not guilty or no contest.
Why would someone stay silent instead of pleading not guilty?
The big reason is if you testify, you waive your 5th Amendment rights on cross-examination. You can't take the stand and proclaim your innocence, then turn around and refuse questions relating to your testimony. Invoking your right to remain silent means complete silence in regard to testimony.
What Does Standing Mute Mean?
What if a defendant refuses to speak?
California Evidence Code § 930 provides that “a defendant in a criminal case has a privilege not to be called as a witness and not to testify.” While a defendant can waive this privilege and choose to testify, the prosecutor cannot call the defendant to the stand just to make the defendant explicitly claim the ...
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.
What is the rarest type of guilty plea?
A Nolo Contendere plea is rare in federal criminal cases. In a Nolo Contendere plea, the defendant does not admit his factual guilt, but accepts the punishment on the premise that the government's evidence is strong enough for a conviction.
Can you refuse to enter a plea?
A defendant may plead guilty, not guilty, or, with the consent of the court, nolo contendere. If the defendant refuses to plead, or if a defendant corporation fails to appear, the court must enter a plea of not guilty. Fed. R.
When a defendant stands mute at her arraignment, she is considered to have entered a N.?
Instead, they are remaining silent, declining to plead. In such cases, the court will enter a plea of not guilty on behalf of the defendant. So, when a defendant "stands mute" at their arraignment, they are considered to have entered a not guilty plea.
What does mute mean in court?
The defendant can plead guilty, not guilty, or stand mute (also known as a “standing silent” plea). Standing mute or silent means a defendant does not take a stance on being guilty or not guilty; they remain silent pursuant to rights guaranteed by the 5th Amendment.
What is a stand-by plea?
A standby plea is another less common type of plea that involves a defendant entering a guilty or no contest plea while maintaining the right to appeal specific legal issues.
What does "nolo contendere" mean?
Pleading no contest (sometimes called nolo contendere) in a California criminal proceeding means that the defendant agrees to accept a conviction for the crime(s). However, he or she does not admit to being factually guilty when entering the plea.
How often does a judge reject a plea deal?
How Common Is It for Judges to Reject Plea Deals? The frequency of judges rejecting plea deals may vary depending on jurisdiction and individual cases. However, judges do exercise their authority to reject plea deals when they determine that they are not appropriate or just. It is a rare instance, but it does happen.
Can a prosecutor mention a defendant staying silent?
Court explained that comment by a prosecutor on a defendant's failure to take the stand violates the Fifth Amendment because it "is a penalty imposed by courts for exercising a constitutional privilege.
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.
Is standing mute the same as not guilty?
In the past, if a prisoner stood mute, a jury was chosen to decide if they were intentionally not speaking or if they were unable to speak due to a physical or mental condition. However, now if a prisoner is mute on purpose, the officer will enter a plea of not guilty and the trial will continue.
What is rule 11 in court?
Signing Pleadings, Motions, and Other Papers; Representations to the Court; Sanctions. (a) Signature. Every pleading, written motion, and other paper must be signed by at least one attorney of record in the attorney's name – or by a party personally if the party is unrepresented.
What happens if you plead not guilty and are found guilty?
But of course, even if you plead not guilty, you can still be found guilty of some or all of your charges after the trial. That means you may be subject to full sentencing — and the previous plea bargains offered to you will no longer be available.
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.
Which is the most common plea at arraignment?
Not Guilty Plea
This is the most common initial plea, and your criminal defense attorney will likely enter a not-guilty plea at your arraignment to begin the process.
What percentage of criminal cases settle before trial?
5–10% go to a full judge or jury trial is a maximum sound estimate for civil cases. Maybe as low as 2% in certain jurisdictions. In the Federal Criminal Courts very close figures are 91% of criminal cases are resolved by plea.
Is it better to plead guilty or go to trial?
One reason so many cases get resolved by plea bargain is that a deal provides (more) certainty for the defendant. If the prosecutor and defense make a deal and the judge agrees to it, the defendant will have a good idea of the outcome. With a trial, there's a much bigger risk of a tougher sentence.
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.
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.