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legalassistant@wm-attorneys.com 512-369-3737 get directionWhen you attend a criminal arraignment hearing, the court will inform you of the charges against you, and you will enter your formal plea. In Texas, as in most other jurisdictions, criminal defendants have the option to enter different types of pleas in response to the charges brought against them.
You should always have a criminal defense lawyer present with you at your arraignment – and every court hearing. Speak with a trusted Austin criminal defense law firm today about your criminal case.
When facing criminal charges, a defendant can choose from five types of criminal pleas.
A not guilty plea is when the defendant denies the charges and asserts their innocence. By pleading not guilty, the defendant maintains their right to a trial where the prosecution must present evidence and prove their guilt beyond a reasonable doubt. This plea does not prevent the defendant from negotiating a plea deal with the prosecution at a later stage of the proceedings.
This is the most common initial plea, and your criminal defense attorney will likely enter a not-guilty plea at your arraignment to begin the process.
A guilty plea is when the defendant admits to the criminal charges and accepts responsibility for their actions. By pleading guilty, the defendant waives their right to a trial and any further proceedings related to their guilt or innocence. The court will proceed with sentencing based on the plea agreement or guidelines set by law.
Guilty pleas are common in cases where the evidence against the defendant is overwhelming or when a plea deal is offered by the prosecution in exchange for a reduced sentence.
Your attorney can often negotiate a favorable plea deal if you are considering a guilty plea. You should never plead guilty to any charges without having a lawyer representing and advising you.
A nolo contendere plea, often referred to as “no contest,” is when the defendant does not admit guilt but does not contest the charges either. By entering this plea, the defendant avoids admitting liability in a civil lawsuit that might arise from the same incident. The court treats a no contest plea as a guilty plea for sentencing purposes, and the defendant will face the same consequences as if they had pled guilty.
The not guilty by reason of insanity plea is applicable when the defendant asserts that, at the time of the crime, they were suffering from a mental illness or defect that prevented them from understanding the wrongfulness of their actions. If the court accepts this plea, the defendant will not be held criminally responsible for the offense but may be committed to a mental health facility for evaluation and treatment.
An Alford plea is a unique type of plea that allows the defendant to maintain their innocence while admitting that the prosecution has enough evidence to likely secure a conviction. Essentially, the defendant acknowledges that a jury might find them guilty based on the evidence presented, but they do not admit to committing the crime. The court treats an Alford plea as a guilty plea and proceeds with sentencing accordingly.
It is essential that you fully understand the implications of each type of plea before making a decision. Your criminal defense attorney can provide valuable guidance, explaining the potential consequences of each plea and helping you make an informed choice based on the specific circumstances of your case.
Each plea carries its own set of consequences and can significantly impact the outcome of your criminal case. You need to thoroughly discuss your options before deciding which plea is most appropriate for your situation.
Many criminal cases end in guilty pleas, and several factors can contribute to the decision to enter a guilty plea in a criminal case. While each case is unique, some common factors that might support a guilty plea include:
Entering a guilty plea is a serious decision with long-lasting consequences, so you must fully understand the potential outcomes before proceeding. An experienced attorney can assess the strength of the prosecution’s case, negotiate favorable plea deals, and provide guidance on whether a guilty plea is in your best interest.
A guilty plea is a wise choice in some cases, but not in others. It all depends on the circumstances of your charges and other factors. An experienced criminal defense lawyer from the Law Office of David D. White, PLLC, can assess your options and help you weigh what is best in your situation.
Contact us immediately if you have been arrested for any type of criminal charge in the Austin area.
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608 West 12th Street, Suite B Austin, TX 78701
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