A plea of not guilty is a response a defendant can give to a criminal charge. It allows the judge to decide how to proceed with the trial. A defendant may choose to enter a not guilty plea for legal strategy or to present their case before a jury. A person can reverse a plea of not guilty during a trial, often when a plea deal is made.
A plea of not guilty is one of three possible responses a defendant can give to a criminal charge. When charged with a criminal charge, such as robbery, the court will ask the defendant how he pleads. The defendant can plead guilty, not guilty or no contest, also called nolo contendre. The reason allows the judge to decide how to proceed with the trial. If a defendant fails to file a plea, either because he doesn’t want to answer the charges or because he didn’t appear, the court will file a not guilty plea on behalf of the defendant. While the procedure may vary between jurisdictions, quite often, a not guilty plea will be followed by efforts to arrange for a jury trial, including setting a date for the court.
A defendant who pleads not guilty is disproving the criminal charges that have been brought against him or her. There are many reasons a defendant may choose to enter a not guilty plea; legal strategy often influences what plea a defendant can make. An innocent defendant may choose to present this plea for an opportunity to have her case before a jury, since a guilty plea will not go to trial. Even a guilty defendant can enter a not guilty plea, sometimes on the grounds that she protests the type of charge.
For example, the general crime of murder has different types of charges, such as first degree murder, second degree murder, and manslaughter. The differences between these charges have to do with the mental state of the offender and the circumstances around the crime. Furthermore, the type of accusation carries with it several general sentences. For example, first-degree murder generally carries a longer and more severe sentence than manslaughter. Thus, a defendant who may have unintentionally killed someone can plead not guilty to a charge of first-degree murder because he had no intent to kill.
Defendants may also choose to enter not guilty pleas because they have a defense for the criminal charge. One type of defense is the insanity defense. If the defendant can prove that he was insane when the crime was committed, he can receive a reduced sentence or avoid the sentence altogether. Jurisdictions vary in how they approach insanity defenses.
Of course, anyone who disputes a charge and wants to spend the day in court pleads not guilty whether he is guilty or not. Many convicted felons pleaded not guilty, even though evidence showed they committed the crime.
A person can reverse a plea of not guilty during a trial. In fact, this is sometimes why a defendant may choose to enter a not guilty plea in the first place. The change of motives of fault and the absence of contestation are often viewed with prejudice. Changes to not guilty pleas often occur when a plea deal is made. The defendant can change a not guilty plea to a guilty plea in exchange for a lesser charge associated with a lighter sentence. The prosecution can offer plea deals for a variety of reasons. Sometimes, the prosecution will reduce or drop a charge if the defendant, in exchange, provides the government with evidence of another person’s guilt in another crime.
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