After an arrest, you will be ordered to appear at your arraignment or court hearing. At the arraignment, the judge will read the charges to you and tell you what you could be facing as penalties for the charges. The judge will then ask you how you wish to plead.
The Options
You have three choices. You can plead no contest, not guilty, or guilty.
If you plead no contest, you aren’t admitting that you committed the crime, but you are accepting the penalties for the crime. If you plead not guilty, you will go to trial. If you plead guilty, you might have to go to trial.
You should never plead guilty even if you did it because pleading guilty will mean that you will definitely have to suffer the consequences of the crime, and you would be left with a criminal conviction on your record.
Reasons Not to Plead Guilty
When you are at your arraignment, you should not plead guilty for the following reasons:
Your Attorney May Work Out a Plea Deal With the Prosecution
By pleading guilty, the judge can sentence you to the maximum that is allowed. By pleading not guilty, your attorney may negotiate a plea deal that would be highly beneficial to you. The prosecution may reduce the charges or agree to a lesser sentence if you allow your lawyer to work out a plea deal. This would no longer be possible the second after you plead guilty to the charges.
You Don’t Have an Attorney
You may not have had a chance to hire an attorney when you need to be in court for your arraignment. If this is the case, you must plead not guilty. If you cannot afford an attorney, the court will appoint you a public defender. The best option is to hire a private attorney. Public defenders mean well, but they have large caseloads, and they don’t have a lot of time to concentrate on your case.
Your Attorney Will Need Time to Develop Your Case
Pleading guilty means that you lose the opportunity to defend yourself in court. The prosecution will not agree to reduce the charges or dismiss them altogether.
Pleading not guilty buys you more time so that you can work with your lawyer to build a strong case against your guilt and find the weaknesses in the prosecution’s case.
You Cannot Appeal
The constitution guarantees you the right to a speedy trial. After pleading guilty, the process suddenly becomes much shorter, and you could be going to jail much sooner than you expect. Pleading guilty doesn’t give you any time to put your affairs in order. The judge can decide to give you the maximum sentence, and you often waive your right to appeal with a guilty plea.
Even if you haven’t waived this right, a guilty sentence is meant to be final and getting an appeal may be difficult. You have to prove that a legal error occurred. That’s why it’s better not to plead guilty in the first place.
You Will Have a Criminal Record
You won’t necessarily be sentenced to prison if you plead guilty, but you will have a criminal record. It will follow you for the rest of your life. A criminal record may encourage your employer to fire you, and potential employers will learn about the conviction in your background check. It will give them a reason to choose another candidate.
Criminal convictions also affect your social life. For example, you may need to go to court to fight for custody of your child. When the conviction comes out, the other parent will use this against you.
What Should Your Next Step Be?
Going to trial will mean that your life will be in the hands of the jury. If you are found to be guilty, the judge may sentence you to the maximum. Before you decide to plead guilty, you should seek legal counsel. In fact, Simmrin Law Group advises that you don’t speak to police or the prosecutor’s office without a criminal defense lawyer present. Your lawyer will be your best resource in this difficult situation.
