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

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 always plead not guilty?

It’s a good idea to always plead not guilty at arraignment because it simply provides you and your lawyer time to review the facts, the evidence and begin working to discredit the charges against you. If you plead guilty, you’re admitting to the crime. It’s not a question of whether you committed the crime.

Why would someone take an Alford plea?

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.

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.

Is it bad to plead guilty?

Sentencing can mean years in prison. Even if a long sentence is not in the cards for the criminal defendant, a conviction may change the person’s life. … Therefore, pleading guilty could wind up causing a criminal defendant to lose a potential plea bargain that would offer better terms than a simple guilty plea.

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.

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 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 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, …

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.

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 is the purpose of an Alford plea?

Like a nolo contendere plea, an Alford plea arrests the full process of criminal trial because the defendant — typically, only with the court’s permission — accepts all the ramifications of a guilty verdict (i.e. punishment) without first attesting to having committed the crime.

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…•

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.

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).