Why would someone decline to enter a plea?
Asked by: Golda Klein | Last update: December 17, 2025Score: 5/5 (29 votes)
Some defendants ask to delay plea entry—for example, because they haven't yet been able to hire counsel. And sometimes judges agree. But whether because they're uncooperative or don't fully appreciate what's going on, some defendants refuse to plead.
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.
Why would a prosecutor not offer a plea?
The defendant would be free to argue for the minimum possible sentence. Thus, if you are not offered a plea, it means the prosecutor believes the proofs are overwhelming and the facts are so compelling that they would win at trial. It also signals that the prosecutor means business and is not afraid to try a case.
Why might a person choose to enter a no contest plea?
Avoid potential risks of trial: By pleading no contest, the defendant avoids the uncertainties and risks of going to trial, such as unpredictable jury decisions and potentially harsher penalties.
Do NOT Enter a Plea in a Criminal Case Until You See This
Is no contest better than guilty?
However, anyone entering such a plea should understand that a no contest plea has the same legal effect in a criminal court as a plea of guilty. The judge will ask the defendant if he or she understands this upon entering the plea.
What are three reasons a defendant may choose to accept a plea bargain?
Often, a plea bargain involves reducing a felony to a misdemeanor. This can be especially useful because it may allow the defendant to preserve their civil rights, retain a professional license, and protect their job prospects.
Why would a judge reject a guilty plea?
A judge may reject a plea deal if the Defendant has a significant criminal history. A judge may view someone with a lengthy criminal record as deserving of a more serious sentence because they have repeatedly shown that they cannot abide by the law.
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.
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.
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.
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.
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.
Why would someone not plead 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 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.
Who is most likely to take a plea deal?
Pretrial detention has a strong effect on the decision to offer and accept pleas. Those who are taken into custody are more likely to accept a plea and are less likely to have their charges dropped (Kellough and Wortley, 2002).
How long do you have to enter a plea?
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.
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.
Why would a defendant refuse to enter a plea?
Some defendants ask to delay plea entry—for example, because they haven't yet been able to hire counsel. And sometimes judges agree. But whether because they're uncooperative or don't fully appreciate what's going on, some defendants refuse to plead.
Who decides if a plea agreement will be entered into?
The decision to enter into a plea agreement is typically made by the Defendant and defense counsel, and the Prosecutor. The judge can accept or reject the plea agreement but does not initiate it.
Does a plea bargain mean guilty?
Overview. Many successful criminal prosecutions in the United States end not with jury trials , but with plea bargains. Plea bargains are agreements between defendants and prosecutors in which defendants agree to plead guilty to some or all of the charges against them in exchange for concessions from the prosecutors .
How often do judges reject plea bargains?
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.
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.
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.