What “Making a Plea” Means in Criminal Cases
After being charged with a crime, you must enter a plea in court. In Arizona, there are three types of pleas you can make: guilty, not guilty, or no contest. Your plea determines whether or not your case will proceed to sentencing or go to trial.
If you are ever required to enter a plea, you should always consult a lawyer. A plea can drastically impact your case, so it’s important to have sound legal advice before you stand in front of a judge.
Making a Plea in Arizona
At the arraignment (the court proceeding where you will enter your plea) several things will happen:
- A judge will call you forward.
- They will read off the formal charges.
- You will choose between a plea of guilty, not guilty, or no contest.
- The judge will give you the next steps for your case.
There are three types of pleas you can make in Arizona.
Guilty
Pleading guilty means you are admitting that you committed a crime. The defendant recognizes that they have broken the law and that they have no legal defense for their actions.
After a plea of guilty is submitted, the judge will continue to sentencing. In the case of misdemeanors, the sentence will often be passed right away. For felonies, the judge will set a date for a sentencing hearing.
Not Guilty
A plea of not guilty means that you do not admit any fault. If you plead not guilty, you are denying that you committed the crime. Entering a plea of “not guilty” means the judge will set a date for either a pre-trial conference or a formal trial.
Pre-trial conferences are meetings where the judge decides if there is enough evidence to proceed with a formal trial. Either way, it is up to the prosecution to prove that a crime was committed and that the defendant committed said crime.
Between the arraignment and the pre-trial conference or trial, the prosecution will gather evidence and speak to witnesses. The defense will have access to all the evidence the prosecution plans to use at trial, so they can build a strong case that proves the defendant is innocent.
No Contest
If you plead no contest, you are not admitting fault, but are still accepting the consequences that come with the charge. This means that you will have to abide by the judge’s decision on the consequences. After a no contest plea for a misdemeanor, the judge will continue to sentencing. For a felony no-contest plea, they will schedule a sentencing hearing.
What If I Change My Mind?
It is possible to change a plea, but it’s not always an easy process. Changing a plea from guilty to not guilty is very difficult, while changing your plea from not guilty to guilty is a lot easier. Here’s what happens if you want to change your plea.
Changing a Plea from Guilty to Not Guilty
There are four reasons you would be able to change a guilty plea:
- You did not understand the effects of pleading guilty.
- The plea given was untrue due to coercion.
- You have a reasonable chance of proving a “not guilty” verdict at trial, because new evidence came to light.
- You were denied a constitutional right during the questioning, arrest, or arraignment.
Changing a plea should be done before sentencing if at all possible. After a sentence has been passed, you will need to file a petition through post-conviction relief or request that the judgment be set aside. Both of these processes are lengthy, difficult, and in most cases result in the original sentence standing.
Changing a Plea from Not Guilty to Guilty or No Contest
You can change your plea from not guilty at almost any point in your trial. However, you should always consult with your lawyer first.
The most common reason for a change from not guilty to guilty or no contest is taking a plea bargain. The prosecution will often offer plea bargains in exchange for a lesser sentence. This can look like less time behind bars, dropping felony charges to a misdemeanor, lowering the severity of a charge. If the defendant accepts the plea bargain, there will be no trial and the court will progress with sentencing.
Criminal Attorney Available in Scottsdale, Arizona
If you are facing criminal charges, you need to consult a strong defense lawyer before you make a plea. Here at Van Norman Law Firm, we have over 25 years of experience defending criminal cases in the Arizona justice system. Our lawyers can advise you on the best plea to enter. Whether it means accepting a plea bargain or going to trial, we’ll be with you all the way.
A criminal conviction can change your life—don’t leave it to chance. Contact us today to schedule a consultation.
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