my lawyer pleaded me guilty when i asked for not guilty

In fact a defendant who pleads Not Guilty may be guilty or innocent. The plea, which can always be changed later, is the equivalent of saying, ‘At this point I will let my lawyer do his job and advise me as to the best way to respond.'”

Full Answer

Should I plead not guilty if I know I’ll be found guilty?

There are a number of reasons you can, and should plead not guilty even if you know you will be found guilty or end up doing prison time: It’s simpler to change your plea. It is simpler to change your pleas in the event of a plea bargain being offered to you by the prosecution – from “not guilty” to “guilty” than the other way around.

Should I plead “not guilty” at my arraignment?

For this reason, it makes the most sense to enter an initial “not guilty” plea at your arraignment. You might not have a lawyer yet when you are arraigned.

What happens if I plead guilty at my first court hearing?

Pleading guilty during your first hearing generally means the courts will find you guilty of the crime in question and issue a sentence. An important thing to note, however, is that a judge cannot automatically accept a guilty plea.

Can a guilty plea be withdrawn?

There may be some legal exceptions that allow a guilty plea to be withdrawn. However, if a criminal defendant pleads not guilty to the charge he or she is facing, this plea can be withdrawn at any later point in time to a plea of no contest or to guilty.

What happens if a criminal prosecutor cannot meet the burden of a crime?

If the criminal prosecutor cannot meet this burden, the defendant should be found not guilty. When making a decision regarding whether to plead guilty or not guilty, a criminal defendant must weigh important considerations. Many criminal defendants believe that they are guilty of a crime that they are charged with.

How long does it take to get a guilty plea at an arraignment?

Pleading Guilty at an Arraignment. An arraignment is usually held within 30 days of a criminal defendant’s first appearance. At this hearing, the criminal defendant pleads guilty, not guilty or no contest. At this stage in the case, the prosecutor may not have thoroughly reviewed the case.

What can a criminal defense lawyer advise on?

The criminal defense lawyer instead may only be able to advise the defendant about the possible maximum sentence that a criminal defendant may receive if convicted of the offense either by pleading guilty or by being found guilty by a judge or jury.

Why do criminal defendants plead not guilty?

For the reasons mentioned above, most criminal defendants plead not guilty at the arraignment hearing. 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. He or she may be able to work on motions to keep damaging evidence from being entered and to show that the prosecution does not have sufficient evidence to establish the defendant’s guilt.

What is the role of a prosecutor in a criminal case?

The prosecutor is required to supply the criminal defense lawyer with evidence acquired in the case and that will be used against the defendant . The prosecutor is also required to provide the defense lawyer with evidence that weighs in favor of the defendant’s innocence.

What does "innocent until proven guilty" mean?

Many individuals have heard the phrase “innocent until proven guilty.”. This means that all criminal defendants are presumed to be innocent. The only thing that overcomes this presumption is if the prosecutor proves that the defendant is guilty by proof beyond a reasonable doubt.

What happens if a defendant accepts a plea agreement?

If the defendant has little to gain by accepting a plea agreement, he or she may agree to move forward with the trial.

What happens after a defendant pleads guilty?

After pleading guilty, a defendant can negotiate a plea deal with the judge. Plea deals aim to minimize the sentence for the defendant, usually based on no prior criminal history, good behavior, or other factors of the case. A Glendale criminal defense lawyer can help negotiate a satisfactory plea deal after pleading guilty.

What does it mean to plead guilty?

Pleading guilty during your first hearing generally means the courts will find you guilty of the crime in question and issue a sentence. An important thing to note, however, is that a judge cannot automatically accept a guilty plea. There must be enough facts and evidence supporting the allegation that the defendant actually committed the crime before a judge can rule the defendant guilty, even if he or she is admitting guilt in the plea. This is to prevent innocent defendants from pleading guilty to crimes they didn’t commit.

What happens if you plead no contest?

If you plead no contest, the courts will convict you of the crime and give you a sentence, as would be the case if you pled not guilty. You give up your right to contest the charges or prove your innocence during a criminal trial, and the case moves directly to sentencing. Not all defendants have the option of pleading no contest, ...

What is a no contest plea?

A no-contest plea is similar to a guilty plea in that the defendant is accepting punishment for his or her actions. However, “no contest” does not mean the defendant admits guilt. Instead, the defendant is not contending the charge either way.

How to go to trial if you are not guilty?

First, you’ll go to a pre-trial conference, where all parties involved can discuss which legal issues are in dispute and how to proceed. If parties cannot resolve the matter during the pre-trial conference, the case will go to trial. Hire an experienced criminal defense attorney if you plan on pleading not guilty.

Can you plead not guilty to a crime?

You may plead not guilty and argue your case even if you committed the crime. In the American justice system, you are innocent until someone proves you guilty. The lawyer you choose to represent your case can make all the difference in its outcome, no matter what you plead. Contact us to speak with a lawyer today!

How long was Jerry Sandusky in prison?

The former Penn State assistant football coach was found guilty of the sexual abuse of 10 boys and sentenced to 30 years in prison.

Why do people plead not guilty?

Reasons to Pleading Not Guilty. The first court appearance anyone who has been arrested will face is an arraignment, or initial appearance. Most states have laws against holding suspects indefinitely, or for unusually long periods of time, without being allowed to go before a judge.

Can you plead not guilty if you are acquitted?

If you don’t know the strength of the case against you, it makes sense to plead not guilty.

Did Nassar assault a girl?

Nassar had also been previously charged with sexually abusing a young girl at his home. In January, four more of his alleged victims joined a lawsuit against him, adding to the 18 original complainants who have alleged he’d sexually assaulted them under the guise of administering sports medicine.

Do you have to have a lawyer when you are arraigned?

You might not have a lawyer yet when you are arraigned. This is probably not the case for either Nassar or Sandusky, but if you find yourself in arraignment without any legal representation, entering a plea of not guilty is the smartest thing to do.

Does the media assume a defendant's guilt before trial?

Here is where we want to point out that, although media coverage often puts a spin on high-profile cases and the public assumes a defendant’s guilt before the trial, the judicial system still tries to uphold the idea that everyone is innocent until proven guilty.

Can you change your pleas at arraignment?

It is simpler to change your pleas in the event of a plea bargain being offered to you by the prosecution – from “not guilty” to “guilty” than the other way around. For this reason, it makes the most sense to enter an initial “not guilty” plea at your arraignment.

What is a pretrial motion?

Pretrial Motions. If a pretrial hearing is scheduled, the prosecution and defense will meet on the scheduled day to make arguments before a judge about the evidence and testimonies involved in a case. During pretrial motions, it is also possible to present a motion to dismiss. Jury Selection.

What is the next step in jury selection?

Jury Selection. If a defendant selects a jury trial, the jury selection process will likely be the next step. Trial. During a trial, the prosecution will be required to establish that the defendant is guilty beyond a reasonable doubt. To establish that someone is innocent of the involved crime, an attorney might cross-examine ...

How to prove someone is innocent?

To establish that someone is innocent of the involved crime, an attorney might cross-examine the officer who arrested him or her or demonstrate other evidence that establishes that the defendant is innocent. Trials are complicated and often long, and it can be a difficult decision to proceed to trial.

What happens when you plead not guilty?

When a person decides to plead not guilty, he or she is informing the prosecution that a case will proceed to trial and involve much more complex decisions. Even after choosing to plead not guilty, it is common to feel uncertain about what will occur in your case.

What happens during a bench trial?

During a bench trial, your case will be heard by a judge rather than a jury. A defendant is often able to choose the type of trial he or she wants. There are advantages and disadvantages to both types of trials, which is why it is often a wise idea to discuss both options with an experienced attorney. Pretrial Motions.

Is it wise to plead not guilty in one case?

While it might be advantageous to plead not guilty in one case, in another case, this might not be a wise idea. It is critical to remember that every criminal case in unique, which is why it is best to obtain the assistance of an experienced criminal defense attorney.

Can a lawyer help you decide if a trial is the best option for your case?

Trials are complicated and often long, and it can be a difficult decision to proceed to trial. Fortunately, an experienced attorney can help you determine if a trial is the best option for your case. While the process following a not guilty plea can be complex, an experienced attorney understands this process and can help make sure ...

What is the point of plea bargaining?

The point of plea bargaining —which often occurs after initial appearances or arraignments—is to receive some kind of benefit in exchange for a guilty or no-contest plea. Without having a lawyer who has negotiated with the prosecution, a defendant who pleads guilty can be subject to the whim of prosecutors and judges.

Can a defendant plead to charges that don't carry the same ramifications?

With a lawyer's assistance, defendants who don't have a reasonable chance at dismissal or acquittal may be able to plead to charges that don't carry the same ramifications. Talk to a Lawyer. Start here to find criminal defense lawyers near you. Practice Area.

Can a defendant change a plea of not guilty?

A defendant can usually change a not-guilty plea at some later point in the proceedings, but the same generally isn't true of a guilty (or no-contest) plea. Defendants routinely enter an initial plea of not guilty, then plead guilty or no contest after the defense lawyer has reached a deal with the prosecution.

Can a police report contain misinformation?

Police reports often contain limited information—they also can include misinformation, whether due to intentional deception or error by officers or witnesses. No promises. With some exceptions, defendants who plead guilty early on don't know what the sentence will be.

Do defendants have lawyers?

No lawyer. Many defendants don't have anyone representing them to start. They haven't received any qualified legal advice. For example, a defendant hasn't heard from a lawyer about potential defenses or errors by the police or prosecution, or the tendencies of different judges and prosecutors. No discovery.

Can you be accused of a crime without representation?

Particularly without representation, people who've been accused of crime aren't immediately aware of potential consequences of conviction. Even if the court technically advises them that they will, for example, lose their drivers' licenses or have to register as sex offenders, they may not fully understand.