Should I Plead Guilty, Not Guilty or No Contest?

If you're charged with a crime, the most important decision you will make in your case is to decide whether to plead guilty, not guilty or no contest. If you plead guilty to the charges against you, you are admitting that you committed the charges as alleged and your admission can be used against you in a later criminal or civil proceeding. For instance, if you're charged with reckless driving in a case where you are the cause of a traffic accident and you plead guilty, in a later personal injury action against you, the plaintiff will be able to prove that you were driving recklessly by merely placing into evidence your guilty plea and conviction. By pleading guilty, you give up the right to a trial of the evidence and also agree to give up the right against self-incrimination and answer any questions by the judge as to why you believe you are guilty.

By pleading not guilty, you are contesting the charges, which then requires the prosecutor to prove all charges against you beyond a reasonable doubt. With a plea of not guilty, you retain your right against self-incrimination and cannot be forced to take the witness stand and testify in the case. The last form of plea, a no contest plea, simply means that you are not contesting the charges, but you are also not admitting guilt. In the above example concerning reckless driving, if a personal injury action is later brought against you, you're no contest plea cannot be used as an admission. With a no contest plea, the judge will review the evidence and if the evidence is sufficient to convict you, the judge will find you guilty of the offenses charged.

If you are charged with a crime, it is the duty of your defense counsel to conduct damage control. This means that he or she should conduct a thorough review of the evidence against you and interview any and all relevant witnesses. After a complete and thorough review of the evidence is completed, your attorney should be able to provide you with an opinion on the probability of success if you were to contest the case by way of a trial in front of the judge or jury. If the chances of success are small, and the prosecution is offering a good plea agreement, it may be in your best interest to plead guilty or no contest in the case, thereby reducing your punishment in the end. Alternatively, if the chances of winning at trial are good and the prosecution is not offering much in the way of a plea agreement, it may be in your best interest to plead not guilty and contest the case, hoping to obtain a not guilty verdict, and no punishment in the end. No matter what the evidence is against you, it is your constitutional right to plead not guilty and force the prosecution to prove its case against you beyond a reasonable doubt.

For more information on typical criminal offenses charged in Arizona, as well as potential sentences and possible defense strategies, please visit my web site at http://www.win-law.com/.