Quick Answer: What Is It Called When You Don’T Plead Guilty Or Not Guilty?

What happens if you don’t plead guilty?

If the defendant refuses to enter a plea—or to even speak—then the judge will typically enter a not guilty plea on his or her behalf.

Someone who persistently refuses to plead may very well end up in trial, because a plea bargain is obviously out of the question..

What is the difference between pleading guilty and not guilty?

Pleading guilty means you admit the charges, you have no defense for your actions, and the court can go ahead and levy punishment against you. … Pleading no contest or nolo contendere means you admit no guilt for the crime, but the court can determine the punishment.

Why are Alford pleas allowed?

Defendants usually enter an Alford guilty plea if they want to avoid a possible worse sentence were they to lose the case against them at trial. It affords defendants the ability to accept a plea bargain, while maintaining innocence.

Is it bad to plead not guilty?

By pleading not guilty, the criminal defendant buys time. This gives his or her defense lawyer the opportunity to review the case and to assert all possible defenses. The criminal defense lawyer may explain the defendant’s rights.

Should I pleading guilty even if innocent?

They of course should never pressurise anyone to plead guilty, but no advocate can prevent a defendant pleading guilty if they choose to. One circumstance where defendants may want to plead guilty is if they are in prison on remand and would be likely to be released immediately on conviction.

Do I need a solicitor if pleading guilty?

If you are thinking about pleading guilty to an offence, you may wish to seek the advice of a solicitor first. A solicitor may also help you to put across your side of the story, which could also have an impact on the likely punishment that the court gives you. …

What are the 4 types of pleas?

Types of Criminal PleasGuilty. Guilty is admitting to the offense or offenses. … Not Guilty. Pleading not guilty is perhaps the most common plea entered in criminal court. … No Contest. A no contest plead means you neither agree or disagree with the charges against you, and you are just pleading to close the case. … Withdrawing a Plea.

What is a no plea?

If you do not wish to plead guilty, then no plea is entered and your case is given a timetable. This timetable provides a date for the Prosecution papers to be served, for you to provide a defence statement to the court and prosecution and for a Plea and Case Management Hearing (PCMH) to be listed.

What are the 3 pleas in court?

A plea is essentially your response to the charges being brought against you. There are three ways a defendant can plea during a court case: guilty, not guilty, and nolo contendere (also known as no contest).

What is the Alford Law?

: a legal doctrine under which a criminal defendant who does not admit guilt is allowed to plead guilty as part of a plea bargain provided the plea is made voluntarily and with knowledge of the consequences The Alford doctrine provides that a court may accept a knowing and voluntary plea of guilty from a defendant, …

Does pleading guilty reduce your sentence?

In exchange for pleading guilty, the criminal defendant may receive a lighter sentence or have charges reduced. Additionally, pleading guilty avoids the uncertainty of a trial. Juries can be unpredictable. Prosecutors may uncover additional evidence that can make it more likely for a jury to convict the defendant.

Is It Better To plead not guilty or no contest?

A no contest plea is essentially a guilty plea that says you are not going to fight the charges against you but are not admitting guilt. It has the same legal ramifications as a guilty plea. However, a plea of no contest can be more beneficial than a guilty plea in certain cases.

Why you should never take a plea bargain?

In addition, a guilty plea May haunt you for the rest of your life because it may result in a guilty finding that cannot be expunged from your record. In addition, if you’re found guilty and placed on a period of Probation, and during that period of probation you violate, you could be facing substantial jail time.

What does plead the fifth mean?

Definition of take/plead the Fifth chiefly US. : to refuse to answer questions in a court of law because the answers might be harmful to one or might show that one has committed a crime When called to testify, he took the Fifth.

Why would a defendant stand mute?

Standing mute allows the defendant to avoid the spectacle of a not guilty plea while his attorneys prepare for a potential death-penalty trial.

Why would someone take an Alford plea?

The primary reason an innocent person will use an Alford plea is because he or she lacks the evidence to support the defense. … While the defending plea is similar to no contest, the accused will accept that he or she cannot defend against the charges successfully.

What is the difference between Alford plea and no contest?

The Alford plea is when a defendant, in effect, pleads “no contest” to charges, but does admit guilt during the courtroom prosecution. It is very similar to a “no contest” plea in the acceptance of guilt. However, the “no contest” is for a defendant who will accept punishment without admitting guilt.

Should I take a plea or go to trial?

An accepted plea offer guarantees an adjudication of guilt. An experienced attorney can advise you of the legal consequences of accepting the plea offer. On the other hand, at trial the State must prove its case against you with enough evidence to convince a jury of your guilt beyond a reasonable doubt.

Do you go to jail after pleading guilty?

If you plead guilty, you could receive a penalty, such as a fine, a good behaviour bond, or for more serious crimes, a prison sentence or intensive corrections order. You could also lose your licence and get a criminal record (there are some exceptions to this).

Why do innocent plead guilty?

Many innocent defendants plead guilty in part due to fear of what they call ‘the trial penalty’ — that the punishment will be greater after trial. … The fear is based on a simple fact — people who go to trial and are convicted get much heavier sentences than those who plea-bargain.

How do you avoid jail time?

Generally, a defendant might avoid a prison sentence by:Preliminarily pleading guilty to the charged conduct.Attending alcohol and drug rehabilitation.Enrolling in job-training programs and obtaining beneficial employment.Engaging in community service.Getting mental health assistance.More items…•