How to Plead Not Guilty

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1Entering Your Plea

2Preparing Your Defense

3Attending Your Trial

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If you are charged with the violation of a crime, you must plead guilty, not guilty, or nolo contendre (no contest). Although you enter your initial plea long before the trial takes place, you can change it later. If you plead guilty or nolo contendre, the judge must accept your plea. However, pleading not guilty is generally considered the default plea, and is automatically accepted. Additionally, if you don't or can't enter a plea yourself for whatever reason, a plea of not guilty is automatically entered on your behalf.

Steps

Part 1

Part 1 of 3:

Entering Your Plea

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   Appear at your arraignment. After you are arrested, you will have the opportunity to enter your initial plea at your arraignment.

   • Your arraignment is your first appearance before a judge in a criminal case.
   • Entering a plea means the judge is formally noting it in the official court record of your case.
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   Listen to the charges against you. The judge will list all the formal charges the state has entered against you for the first time.

   • The procedure here differs to some extent among states where the prosecutor files charges directly rather than using a grand jury to bring charges.
   • The judge will explain each of the charges against you, the elements of each crime, and the potential penalties should you be convicted of any of the charges against you.
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   Indicate that you understand your rights. The judge will explain your rights and make sure you understand them.

   • The judge won't enter your plea until he is certain you have the capacity to make the plea and understand your rights in the criminal process.
   • The judge will remind you of your right to counsel, and you don't have to enter your plea until you have the ability to consult with counsel. If you need time to retain counsel, a plea of not guilty would be entered for you temporarily until you had the time to hire an attorney.
   • If you qualify to have an attorney appointed for you, the judge also will enter a provisional plea of not guilty for you if you want to talk to your attorney before you enter your final plea.
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   Enter your plea. You may enter a plea of not guilty, guilty, or nolo contendre. If you plead not guilty, you are denying the charges against you and the government has the burden of proving its case against you.

   • Pleading not guilty although you know you committed the offense is not dishonest. When you plead not guilty, you essentially are saying that you do not believe the state can prove you committed every element of the offense beyond a reasonable doubt.
   • Remember that in the eyes of the law you are innocent until proven guilty. Pleading not guilty allows you to take advantage of that status and force the government to prove its case.
   • After you enter a plea of not guilty, the judge will schedule your next court appointment, which may be the date of your trial or may be a pre-trial hearing, depending on the court's rules and the seriousness of the charges against you.
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   Make arrangements to post bail. If the judge sets bail, you must find a friend or family member to post bail so you can be released pending trial.

   • If a bond is required, you must either find someone to pay the bond or make arrangements with a bail bondsman.
   • Bail is not a fine and will be returned after your trial. It's just meant to ensure that if you're released from jail, you will show up for trial and for any pretrial hearings that are scheduled.
   • If the judge sets any conditions related to your bail, make sure you abide by them or you will end up back in jail.
   • For example, if you were charged with assault and battery, the judge might set as a condition of your bail that you were not allowed within 100 yards of the victim.
   • In some cases the judge will release you without the payment of any money – all you have to do is promise to show up for your trial. Typically this occurs if you are charged with a relatively minor, nonviolent offense.
   • Judges also may set minimal or no bail if you have extensive ties to the community, don't seem much of a flight risk, and don't have any prior arrests or convictions.
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Part 2

Part 2 of 3:

Preparing Your Defense

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   Meet with your attorney. Tell your attorney everything you know about the charges and the events that transpired.

   • Everything you say to your attorney is protected by attorney-client privilege. You must be completely honest with your attorney, even if it means admitting guilt, so that she can plan the most effective defense.
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   Review the prosecution's case. As part of discovery, the prosecution must share its case with you, including all evidence and the identity of any witnesses.

   • Depending on the evidence and witnesses the prosecution names, your attorney might file pre-trial motions asking the court to exclude certain evidence. For example, if the police conducted an illegal search of your home after you were arrested and found drug paraphernalia, your attorney might argue that the paraphernalia is inadmissible as evidence in your trial because it was obtained illegally.
   • Interview and research the background of witnesses thoroughly to make sure they are competent to stand trial and actually have relevant information to offer about your charges. If they do not, your attorney may file a motion to exclude their testimony as well.
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   Participate in discovery. During the discovery process, not only must the prosecution share evidence and witnesses with you, but you must share evidence and witnesses related to your defense with the prosecution.

   • Just as in civil trials, criminal trials may include written discovery, depositions, and requests for production of documents. Both sides may send written questions to each other, and both sides may schedule depositions of witnesses.
   • Depositions are interviews that are held under oath and on the record. Transcripts of depositions may come in handy later. For example, if a witness says one thing at the deposition and something else at trial, you can use the deposition testimony to impeach that witness – that is, prove to the jury that her testimony is unreliable and she shouldn't be believed.
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   Attend preliminary hearings as required. If you were charged with a felony, you typically must attend at least one preliminary hearing.

   • During the preliminary hearing, the government must prove it has probable cause to believe you committed the crime with which you've been charged.
   • Although you must be present at the hearing, you typically are not required to present your defense during this hearing.
   • If the judge finds probable cause, she will set your case for trial. If she does not find probable cause, she will dismiss the charges.
   • The court may schedule other hearings, for example to hear motions or consider other requests, at any time before your trial occurs.
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Part 3

Part 3 of 3:

Attending Your Trial

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   Appear in court. Show up along with your attorney at the date and time of your trial.

   • If you are going to have a trial by jury, the jury will be chosen from a pool of potential jurors by the prosecutor and your attorney, who will ask each prospective juror a series of questions.
   • After the jury is selected, both your attorney and the prosecutor will have the opportunity to present any last minute motions dealing with evidentiary issues such as a motion to exclude certain evidence.
   • Once all evidence issues are taken care of, both the prosecutor and your attorney will make their opening statements. Here each attorney presents an outline of the points they intend to make at trial.
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   Pay attention as the prosecution presents its case. The prosecution will present its case against you before you have the opportunity to present your defense.

   • The prosecution presents its case by calling witnesses to the stand and asking them questions. After the prosecutor has finished asking direct questions of each witness, your attorney will have the opportunity to cross-examine the witness.
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   Assist your attorney in presenting your case. If you notice anything as the prosecution questions witnesses or presents evidence, make a note of it.

   • After the prosecution has rested its case, your attorney will present your defense, typically by calling witnesses who will testify on your behalf.
   • This time, since your attorney is calling the witnesses, the prosecution will have the opportunity to ask them questions on cross-examination.
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   Testify on your own behalf. While you aren't required to take the stand, doing so may help your defense.

   • At the same time, taking the stand opens you up to cross-examination by the prosecutor, so your attorney may make a strategic choice not to put you on the stand.
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   Listen to closing arguments. When all evidence has been presented, both the prosecutor and your attorney will make closing arguments that summarize their arguments and explain why the judge or jury should rule in their favor.

   • If you are having a trial by jury, the judge will instruct the jury about the law, what elements must be decided, and what legal standards govern.
   • The judge also will remind the jury that the prosecution has the burden of proof and must prove each element of the crime beyond a reasonable doubt.
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   Await the judge or jury's decision. After closing arguments, the jury will deliberate on its decision.

   • If the jury returns a verdict of guilty, your attorney may make a post-trial motion requesting the judge to override the jury verdict.
   • If you are convicted, the judge will sentence you. If you are acquitted, then you are free to leave.
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