If you have been accused of a crime, one of the first decisions you will have to make is if you should plead guilty or not. If you believe or know you are guilty, this decision is more difficult. The main belief of the criminal justice system is that you are innocent until you are proven, beyond a reasonable doubt, guilty. This means that you cannot be found guilty unless prosecution proves you are. Some people feel in conflict because of their moral duty to take responsibility for their actions or to move on from the incident as soon as possible. The timing is important for a guilty plea as it will impact the accused's rights as well as the consequences they may face.
Entering a Plea at Arraignment
People in Florida who are accused of a crime first make an appearance that will determine if they can get out on bail. Within 30 days of the first appearance, the accused will appear at an arraignment hearing where they will enter a plea. A plea of no contest, not guilty or guilty will be entered by the accused at this time. What you plea will depend on how severe the charge is. If severe, neither the State Attorney nor defense attorney will have time to review the case completely. Due to this, neither the defense attorney nor the State Attorney will be in a position to make any offers.
The defendant's rights will be preserved, which will give their lawyer time to review their case if they plead not guilty. Many misdemeanors are recommended to plead guilty. Many other times, a State's Attorney has a policy that will offer a favorable deal that might reduce a felony to a misdemeanor, or a misdemeanor to a civil sanction. Other offered incentives include dismissal of charges if certain conditions are met, or avoiding jail time. A defense lawyer can quickly review any facts with the client, use experience they have had in handling similar cases and give advice to their clients as to which way to plea.
Changing a Plea
A defendant is locked into a plea if they plead guilty at arraignment. But they will have legal exceptions, which might allow them to have the plea withdrawn. If they plead not guilty, it can be withdrawn at any time and changed later to a guilty plea, no contest or a lesser charge. Usually, a plea that is changed will only happen after the defense lawyer has negotiated for a favorable deal for the client. For this reason, defendants are usually advised to plead not guilty, no matter whether they are guilty or not.
One of the biggest questions is when to withdraw a not guilty plea and enter a guilty plea. The determining factors are any deals the State may offer and how strong the State's case is. If the State's case is weak and without strong evidence proving a link between the crime and the defendant, the defense attorney might decide in favor of taking the case to trial and possibly avoid a criminal conviction. If the State offers little to no incentive for the defendant to enter a guilty plea, the defendant will have very little to gain if they waive a trial that worst case will only result, pretty much in the save result. Make an appointment with your local Jacksonville criminal defense lawyer for the best legal advice.
