Why plead not guilty if you are guilty?
Asked by: Tyreek Koelpin | Last update: September 5, 2025Score: 5/5 (38 votes)
By maintaining a not guilty plea, you ensure that the prosecution must thoroughly investigate the case, gather all necessary evidence, and build a strong argument to prove your guilt. This process is designed to safeguard your rights and to ensure that the legal process is fair and just.
Why do people plead not guilty when they are guilty?
For several reasons. One, they hope that a jury will find them not guilty. Two, they hope to get a deal from the prosecutor before trial. Three, they have not yet come to grips with what they did. Four, they want to stay out on bond as long as possible.
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 it better to be found not guilty or acquitted?
As noted, not guilty means you are not legally answerable for the crime, while an acquittal is a finding by a judge or jury that you are not guilty of the crime. Again, an acquittal does not always mean you are innocent; instead, it means the district attorney failed to prove your guilt beyond a reasonable doubt.
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).
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.
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 if you are 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.
Can you be charged again after being acquitted?
Acquittal. If a defendant is acquitted, whether by a jury verdict or a judge's ruling, the protection against double jeopardy is fully realized. The government cannot appeal an acquittal or subject the defendant to a new trial for the same offense.
Can a judge overrule an acquittal?
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.
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.
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.
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.
What is it called when you plead guilty but don't admit guilt?
Nolo contendere (/ˌnoʊloʊ kənˈtɛndəri/) is a type of legal plea used in some jurisdictions in the United States. It is also referred to as a plea of no contest or no defense. It is a plea where the defendant neither admits nor disputes a charge, serving as an alternative to a pleading of guilty or not guilty.
Does it matter if you plead guilty?
Pleading guilty
If you plead guilty you will get a reduction in your sentence. To qualify for the maximum level of reduction (one third), a defendant must plead at the first court hearing. Defendants who plead later will serve longer sentences than those who accept their guilt and plead at this early stage.
Do most defendants plead not guilty, true or false?
In the current American criminal justice system the majority of convictions occur as the result of guilty pleas rather than trial – in 2015, 97.1% of federal cases that were resolved were resolved via a guilty plea by the defendant (United States Sentencing Commission 2014 Sourcebook).
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.
Can a not guilty verdict be reversed?
A prosecutor cannot appeal a not-guilty verdict. Not in California and not anywhere else within the United States. The Fifth Amendment of the U.S. Constitution contains the Double Jeopardy clause.
Why do they say not guilty instead of innocent?
As a verdict, not guilty means the fact finder finds that the prosecution did not meet its burden of proof . A not guilty verdict does not mean that the defendant truly is innocent but rather that for legal purposes they will be found not guilty because the prosecution did not meet the burden.
Can you be found guilty without proof?
Yes—actually, most criminal convictions are based solely on circumstantial evidence. Further, California criminal law allows the prosecution to convict a defendant on circumstantial evidence alone.
Do cases end more often in conviction or in acquittal?
Most felony filings result in convictions. Convictions are the norm in all cases.
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 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.
What to do when you plead not guilty?
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. You and your lawyer, if you have one, are required to be present. At this hearing, pretrial motions and a trial date are set.
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.