What Does Each Plea Mean? Guilty, Not Guilty, and No Contest
Along with being a citizen, having the right to vote, and paying taxes, if you are in a courtroom, as a defendant, you also have the right to plead. There are primarily three types of pleas that you can enter – guilty, not-guilty and no contest. Generally, you must plead in order to resolve a criminal prosecution. If you do not plead, the case will eventually be resolved by a trial, so getting to that point is the first step. However, this doesn’t mean it is the best way to resolve a case.
Pleading guilty means that you are accepting responsibility and admitting guilt for the alleged crime. Generally, if you want to work out a plea bargain with the prosecutor, you will be required to plead guilty. A plea bargain may consist of an agreement to plead guilty to a lesser charge, to receive a lesser sentence, or any other number of agreements between the defendant and the prosecutor. There are many reasons a defendant may choose to plea bargain a case, including to avoid trial and the uncertainty of the outcome; to minimize the risk of serving time in prison; to protect family members; and/or to get out of custody. However, some people may also plead guilty because of the factual basis of the plea, meaning that what they had done was what they were accused of. Thus, pleading guilty to a crime you did not commit may be one of the lengths a defendant goes to in order to minimize the damage to their family. For example, if you are an immigrant and you are accused of a crime, such as drug trafficking, and you plead guilty, the outcome may be deportation versus serving time in prison. By pleading guilty, however, you also may end up spending time in prison.
Similar to pleading guilty, but less definitive, entering a plea of not guilty is about not accepting responsibility and not admitting to guilt. This is the plea with which most defendants are familiar , meaning he/she feels they are not guilty of the charges against them, and will proceed more formally with a trial. A defendant can plead not guilty even if he/she is fairly certain they will be found guilty at trial. There are various reasons a defendant may plead not guilty, as it can mean many things, depending on the circumstances – the defendant wants to go to trial; the defendant does not have all of the facts/does not remember the events; the defendant may want to educate the judge/ jury of the facts surrounding the case, in hopes of gaining sympathy; or the defendant’s lawyer advises him/her of the prospects of proceeding to trial.
As important as is the plea of not guilty, is a lesser known plea – the plea of nolo contendere, or no contest. This plea is similar to a plea of guilty because it results in a conviction of a crime, without the defendant admitting to guilt, and it is often recommended by a defendant’s lawyer. Unlike the choice of pleading guilty or not guilty, where a defendant makes the decision, the plea of no contest occurs when the defendant is not contesting the charges, but still wishes to maintain his or her constitutional rights. A defendant may even plead not guilty at the beginning – if criminal charges have been filed against someone and then he or she hires an attorney – and then change the plea to no contest once it is determined that there is a factual basis. The primary use of the no-contest plea is to resolve a lawsuit against a defendant and the use of the phrase "I do not contest this lawsuit." This allows the defendant to avoid admitting, and disputing, the allegation in the lawsuit, but has the civil consequences that are equal to a conviction.
Things to Think About Before You Plead
- Legal Advice. It is crucial that you understand the ramifications of changing your not-guilty plea. Another aspect of this process involves talking to an attorney about your situation to ensure that you have the guidance you need to make the best decision for your circumstances. An experienced lawyer will be able to understand your specific situation, and they’ll be able to determine the implications of changing your plea. This is just one of the many reasons why you should never handle your own legal issues. You need someone experienced to guide you through the right process.
- Potential Sentencing. The next item you must discuss is what sentence is expected for a guilty plea, or what you might be offered if you agree to an altered plea. If you were unaware, judges don’t have to follow the suggested plea deals that prosecutors offer. But generally, they do follow the recommendations. They also have a lot of authority to hand down sentences, so simply trusting that they’ll give you a break if you plead guilty isn’t a good idea. In some cases, probation can be part of the deal with a guilty plea, but again, this depends on multiple factors and it isn’t a guarantee. When you do enter a guilty plea, you’re admitting to your guilt and admitting that you are responsible for the crime.
- Evidence Against You. One of the most critical factors to think about before agreeing to change your plea is the level of evidence against you. Naturally, if there is no evidence to suggest that you committed the crime, then there is no reason to enter a guilty plea. In that case, your attorney would help work on proving your innocence and securing a dismissal of the charges.
Keep in mind, in many cases, a plea deal can be the right option for certain people charged with certain crimes, even if they are innocent. But it is important that you first understand what you’re getting into before issuing a plea.
The Mechanics of Plea Bargaining
When a defendant decides to take responsibility for the crime they are being charged with, they may enter a guilty or no contest plea before a judge. However, the prosecutor may offer them a deal, known as a plea bargain, which can substantially reduce the severity of the charges they are facing. Sometimes, the deal is reduction of charges in exchange for a defendant’s guilty or no contest plea, while in others, the defendant could be looking at a significantly lighter sentence than if they were found guilty by a jury after trial.
A plea bargain offers a defendant the chance to shorten their sentence or lessen the severity of the charges they’re facing. While a plea bargain may seem like an attractive offer, one that defendants who already admit guilt should take without a second thought, it may not actually be beneficial for the defendant—particularly when more serious charges are at stake. For example, drug charges that could lead to jail time (even if they may get probation on first time offenses) can also lead to felony charges and a felony on their record, which means the defendant will have a much more difficult time defending it during job applications.
Some people think accepting a plea bargain means they are admitting guilt, but that doesn’t necessarily have to be the case. In a no contest plea, for example, the defendant allows the court to enter judgement as though they were guilty—they don’t make an explicit admission of guilt, but they do accept their punishment. But in a guilty plea, the defendant is admitting guilt and accepting punishment—at least they are, essentially, getting what they deserve, right?
That’s not always the case, unfortunately, as guilty pleas can come about due to a lack of understanding. The defendant may not know how a guilty plea will affect their future, and for serious charges, a guilty plea could lead to a far harsher punishment than if they had taken a risk and fought for their innocence.
Keeping in mind the defendant’s right to a fair trial, why would a prosecutor ever offer a plea bargain? The reasons are often purely procedural. Prosecutors may offer a plea bargain to settle cases more quickly, check off an element of the list of crimes being investigated, or to ensure that the defendant does serve some time for the crime (usually slightly lighter sentence or probation, rather than jail time).
The Implications of Entering Different Pleas
The potential consequences of each plea may be far reaching. In the best case scenario, the court will dismiss the charges entirely. In many cases, however, a formal removal from the court system is only possible for those who have never pled guilty or no contest. In fact, if you choose to plead guilty, you are pleading guilty to the charges as stated. This means that you are accepting full responsibility for the actions of which you have been accused. Thus, you may be facing penalties that include possible probation to jail time, fees, and fines in addition to the criminal record that could affect your life in untold ways during your lifetime. Even if you plead no contest rather than guilty, you still have no recourse to later object. Your conviction record remains, obscured only by the fact that you did not concede the validity of the allegations against you . In essence, you are accepting responsibility for the charges on the basis that you wish to end the matter quickly, without fighting the charges, not on the basis that you agree with what has been alleged. There are also times the court will agree to an arrangement that could involve a sentence less severe than the one facing you if you fully admitted culpability. However, this rarely is the case if there are one or more prior convictions for a similar offense. Another significant drawback is the potential jail time you will serve for the crimes of which you have been accused. Again, an agreement might be reached but in many cases not. No matter what path is chosen, those faced with even minor criminal charges should seek advice from a certified, experienced Orange County criminal defense attorney.
Changing Your Plea
When a defendant wishes to change their plea, it can usually only be done by a direct motion to the trial court. A full hearing is not necessary. A motion to withdraw pleading guilty or no contest shall be granted for just cause. The parties may submit affidavits in support of their positions. If a motion is granted, the defendant will simply be re-arraigned and required to enter their new plea at that time. The case will then proceed as if the defendant had never pleaded guilty or no contest initially. Cases that are not completed through sentencing are generally eligible for plea withdrawal at any time. Rule 604(d), states that a defendant does not need to seek leave of the reviewing court if the trial court fails to hear a motion to withdraw a guilty plea on remand from a reviewing court (the applicable appellate court). In that case, a defendant may directly appeal from the circuit court’s judgment upon request to change a plea. Rule 604(e), however, bars defendants who have pleaded guilty and waived appeal as part of the plea agreement from pursuing a motion to withdraw their plea. There is a limited exception to this rule though. A defendant may still show their guilty plea was not entered into knowingly or understandingly. Sometimes, the section of the penalties that a defendant waives includes any penalty that might arise further down the line, such as a recidivist statute. However, where the defendant has not completely waived any right to seek withdrawal of his plea, the defendant may be able to do so until the time limit of finality expires (generally 30 days from the entry of judgment).
Speaking with an Attorney
It is crucial that you do consult with an attorney or legal professional before deciding on what plea to make. In addition to considering the basic facts of the case and what you feel otherwise in your life, it is relevant to discuss with a legal professional what legally can be done. An experience attorney will be able to sift through the facts as presented , and then determine what the best actions are from their viewpoint. They will be able to give you guidance on what type of plea would best suit you, and why. This will allow you to get the best possible outcome from your case.
