what if i plead not guilty and don't have a lawyer for my court date

If you do not hire a private attorney before your first court date (arraignment) you will have to appear in person at the time and place lasted. You will most likely be assigned a Public Defender at your arraignment date who will enter a plea of not guilty on your behalf.

Full Answer

Can a plea of not guilty be entered without a lawyer?

The judge will remind you of your right to counsel, and you don't have to enter your plea until you have the ability to consult with counsel. If you need time to retain counsel, a plea of not guilty would be entered for you temporarily until you had the time to hire an attorney.

Should I plead guilty or prove my guilt?

Many criminal defendants believe that they are guilty of a crime that they are charged with. However, they may not want to plead guilty, instead deciding to force the prosecution to attempt to prove their guilt.

Should I plead not guilty or no contest in my case?

If you are offered a plea bargain later in the proceedings, you will be required to change your plea to guilty or no contest. You may not be in a huge public trial like that of the two men mentioned above, or facing charges similar charges, but it’s a good idea to follow the advice of an experienced legal representation and plead not guilty.

What happens if a defendant refuses to plead guilty?

(The judge may first try to determine why the defendant won't plead and convince him or her to do so.) Someone who persistently refuses to plead may very well end up in trial, because a plea bargain is obviously out of the question.

How do I reschedule a court date in Texas?

If you wish to reschedule your court date more than once for any reason, you must file a written "Motion for Continuance" at the Court Clerk's office on or before the scheduled court date. Depending on your circumstances, the Judge may or may not allow additional continuances.

Can I just pay my ticket and not go to court in Texas?

If you do not want to appear in court, you have the option of paying your fine by mail or by paying in person at the Justice Court as directed on your citation or summons.

Can you reschedule a court date if you miss it?

They may be able to reschedule your court date without any further action required from you. Contact the court: Call your county court clerk (or have your lawyer call) as far ahead of your court date as possible and explain that you are trying to reschedule a court appearance.

Does a citation go on your record?

Does a citation go on your record? A traffic citation will go on your motor vehicle record (MVR) or even criminal record depending on the type of violation. For example, a speeding ticket usually stays on your driving record for three years.

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 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.

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.

Do you have to enter a plea in a court case?

At this initial court proceeding, a defendant will be asked to enter an official plea. 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 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.

What happens if you don't have an attorney?

If you don't, or want to hire your own attorney, the judge will give you a short amount of time to hire one.

What happens if you appear before a judge without a lawyer?

If you appear before a judge without a lawyer, and you were already advised to your right to counsel, a Judge could determine that you waived your right to an attorney and try you without counsel. On the other hand, a judge could give you a postponement to get an attorney.

What happens if you don't qualify for Avvo?

If you don't qualify, the case will be reset to give you time to get someone hired. Macy Jaggers's answer to a legal question on Avvo does not establish an attorney-client relationship. Please consult an attorney who practices criminal law in your jurisdiction for the most accurate legal advice. More.

Can you go to court without an attorney?

Judge will ask you again what you want to do about having counsel. Ultimately, you could be forced to proceed without an attorney if you dont make a choice. You should be able to ask about plea offers as well at your next court date. If youre ok with the deal then you can act on your own. But Id suggest some legal assistance to help you out

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 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 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.

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.

Why do you have to plead not guilty?

Pleading not guilty allows you to take advantage of that status and force the government to prove its case.

What does "plead not guilty" mean?

If you plead not guilty, you are denying the charges against you and the government has the burden of proving its case against you. Pleading not guilty although you know you committed the offense is not dishonest.

What is the default plea of not guilty?

If you are charged with the violation of a crime, you must plead guilty, not guilty, or nolo contendre (no contest). Although you enter your initial plea long before the trial takes place, you can change it later. If you plead guilty or nolo contendre, the judge must accept your plea. However, pleading not guilty is generally considered the default plea, and is automatically accepted. Additionally, if you don't or can't enter a plea yourself for whatever reason, a plea of not guilty is automatically entered on your behalf.

What does it mean to enter a plea at an arraignment?

Your arraignment is your first appearance before a judge in a criminal case. Entering a plea means the judge is formally noting it in the official court record of your case.

What happens if you are charged with assault and battery?

For example, if you were charged with assault and battery, the judge might set as a condition of your bail that you were not allowed within 100 yards of the victim.

What to do if a judge sets bail?

Make arrangements to post bail. If the judge sets bail, you must find a friend or family member to post bail so you can be released pending trial. If a bond is required, you must either find someone to pay the bond or make arrangements with a bail bondsman. Bail is not a fine and will be returned after your trial.

How many preliminary hearings do you have to attend?

Attend preliminary hearings as required. If you were charged with a felony, you typically must attend at least one preliminary hearing.

What happens if a defendant refuses to plead?

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. (The judge may first try to determine why the defendant won't plead and convince him or her to do so.) Someone who persistently refuses to plead may very well end up in trial, because a plea bargain is obviously out of the question.

Why do some defendants refuse to plead?

And sometimes judges agree. But whether because they're uncooperative or don 't fully appreciate what's going on, some defendants refuse to plead. If the defendant refuses to enter a plea—or to even speak—then the judge will typically enter ...

Do you have to plead in court?

Almost inevitably, at some point in criminal proceedings, a defendant will have to enter a plea. Prosecutors occasionally decide not to file charges or to dismiss them at the arraignment or initial appearance, in which case the defendant probably won't have to plead. But defendants who face charges have to plead at least once, in the early stages. (Most cases involve at least two pleas: the initial not-guilty plea, then a plea of guilty or no contest pursuant to a plea deal .)

What is the job of a defense counsel?

The public often fails to understand that when it is clear the client is guilty of committing a crime, the job of defense counsel is to be sure the actual charge fits the crime, and that the sentence imposed is reasonable. “In most jurisdictions, less than 5 percent of all charged criminal cases ever go to trial.

Can a defendant go to trial without a defense?

At times the defendant proceeds to trial with no defense, despite the lawyer’s advice. It is the client’s choice at that stage. “A trial is a right that belongs to the client, not the lawyer. Trying a hopeless case is not a situation most lawyers want to be in.

Is it an issue of whether the defendant did or did not do it?

At this early stage, as odd as it sounds to the public, it isn’t an issue of whether the defendant did or did not do it. The real issue is the right to rely on protection of the United States Constitution, protections guaranteed us by law. We are, after all, a nation of laws, and this is where you see it in action.”