When facing criminal charges, many people don’t realize that they have several options before them, each with serious implications. It can be stressful to grasp that within a few days of being arrested, the court process includes an arraignment at which the defendant is expected to hear the charges against them and enter a plea.
With the advice of an experienced defense attorney, the defendant should know whether to choose “guilty,” “not guilty,” or “no contest” as their plea. Discussing each option and understanding the next step is critical to a coherent defense strategy.
Understanding the Plea Process and the Defendant’s Options
How a defendant pleads in their arraignment hearing sets gears in motion for what happens next. It may be possible to change a plea later, but at the arraignment this is what is likely to be triggered by each plea:
- Not guilty means the defendant denies the charges against you and want a trial.
- Guilty means the defendant admits that committing the offense and will move on to sentencing.
- No contest is not an admission of guilt but tells the court that the defendant accepts punishment without a trial.
Most people plead “not guilty” because that gives them time to examine the evidence as both sides get ready for a trial. This plea can be changed if the defendant chooses. If there’s overwhelming evidence that the defendant is guilty, their defense attorney can reach a plea deal with the prosecutor for a lesser punishment than the court would impose after a trial.
What a Plea of “Guilty” Means
By pleading guilty, the defendant chooses to skip a trial and go straight to sentencing. This means they admit wrongdoing. The result of a guilty plea includes:
- A conviction is entered on the defendant’s record (misdemeanor or felony).
- A guilty plea may forfeit opportunities for an appeal of the court’s sentence.
- The defendant gives up the right to a trial.
Having a criminal record can impact the rest of a defendant’s life, depending upon whether the charge is a felony or a misdemeanor. Felony convictions are more serious, potentially limiting the defendant’s access to employment, housing, professional licensing, and travel that requires a visa. A felony conviction can also be used against the defendant in any civil lawsuits that arise from the same incident, such as personal injury or property damage.
What a Plea of “No Contest” Means
Pleading “no contest” (or, “nolo contendere,” which means “I do not wish to contest”) is not an admission of guilt but means that the defendant accepts the conviction and punishment. It is treated similarly to a guilty plea, in that a criminal conviction is entered on the defendant’s record and sentencing begins without the benefit of a trial.
The difference between pleading “no contest” and pleading “guilty” is that a “no contest” plea cannot be used against the defendant in most civil lawsuits arising from the case. Civil lawsuits commonly accompany criminal convictions as ways that victims and their families receive compensation for things like disabling injuries suffered in a car accident.
Local Rules Affect Pleas in Missouri
Missouri municipal courts do not always allow defendants to use the “no contest” plea. These include St. Charles and Poplar Bluff, where “no contest” is not an option.
It is left to the judge’s discretion to allow “no contest” pleas in many of Missouri’s other courts, such as circuit court. Federal courts only allow “no contest” pleas if the judge approves it.
An Alford Plea, similar to “no contest,” may be used under specific circumstances in Missouri. It’s important to ask a defense attorney or public defender which pleas are acceptable in the court arraignment.
A Defense Attorney Can Make a Difference
An experienced criminal defense attorney from Mueller Law Group can discuss the plea options and describe how each is likely to impact the defendant’s future. It’s critical to have an attorney with knowledge of the court system as a guide through stressful decision-making situations. Call Mueller Law Firm for a consultation.