Plea

A plea is the defendant’s response to the formal charges brought against them in a criminal case.  A plea is often asserted in the arraignment portion of a criminal case.  An arraignment is where the prosecution formally charges the defendant with a crime or crimes.  There are generally three plea statements which can be made in a criminal case.  These are “not guilty,” “guilty,” and “no contest” (also known as nolo contendere). 

Through a “not guilty” plea the defendant denies responsibility for all charges in question and claims innocence.  A “not guilty” plea means that the case will go to trial and the defendant will be formally tried by a judge or jury.  A defendant enters a “not guilty” plea in about five percent of all criminal cases.  Most defendants will enter a different plea. 

A “guilty” plea means that the defendant admits guilt for the criminal charges against them and accepts the punishment that is ordered.  A “guilty” plea may be the favorable choice for a myriad of reasons discussed below.  A “no contest” plea is similar but differs in a few crucial ways.  A “no contest” plea means that the defendant accepts the punishment for the accusations but does not formally acknowledge their guilt.  The benefits of a “no contest” plea can be discussed in further detail with an attorney.  As a general rule, a “no contest” plea cannot be used as evidence of guilt in a civil case, which can prove advantageous to the defendant should a civil lawsuit be filed against them. 

When a defendant enters a “guilty” or “no contest” plea they often do so through a plea bargain.  Ninety-five percent of all convictions in the United States are achieved through plea bargaining.  Through plea bargaining a defendant will agree to a “guilty” plea in exchange for a lesser charge and/or sentence. 

There are several benefits to plea bargaining in a criminal case.  A plea bargain reduced the time, resources, and uncertainty in a criminal case.  Plea bargaining is beneficial to prosecutors and judges because a plea bargain helps move along a crowded calendar, prevent overworking staff, eases the burden on witnesses and prospective jurors, and can reduce the overcrowding of jails. 

A plea bargain can also be advantageous to the defendant in a number of ways.  A plea bargain can help a defendant in custody get out of jail immediately or sooner than they would be released if their case went to trial.  A plea bargain can also resolve the matter quickly, costing the defendant less time and money, avoid publicity, and keep others out of the case.  A plea bargain can also result in a reduction of charges and penalties.  A plea bargain can help a defendant avoid stigmatizing charges, harsh sentencing, and other deleterious consequences they face through a trial. 

There are also significant drawbacks to a plea bargain, especially when a defendant who is innocent is pressured into a “guilty” plea for some reason.  If you would like to learn more about plea options and consequences, please contact us to speak to a qualified and experienced attorney who can evaluate your case to determine how best to protect your right and legal interests. 

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