Entering a plea can happen as early as at arraignment, which is often a criminal defendant’s first chance to get in front of the judge. At this court appearance, a judge will advise defendants of their constitutional rights and pending criminal charges, appoint counsel (if requested), set or modify bail conditions, and schedule future hearings. Typically, the judge will also take a defendant’s plea (although this could be delayed if the defendant doesn’t have counsel).
This article reviews defendants’ typical plea options at the arraignment—guilty or not guilty—and their advantages and disadvantages.
Should I Plead Not Guilty at Arraignment?
Most defendants plead "not guilty" at arraignment for several reasons, especially if they don't have an attorney. At this stage of the criminal process, the defendant gives up certain constitutional rights and faces many unknown factors. By pleading not guilty at this stage, defendants often take less of a risk and gain valuable time to seek legal advice on the consequences of a guilty plea or going to trial. (Importantly, defendants can change a not-guilty plea later on to guilty.)
Advantages of Pleading Not Guilty at Arraignment
Time is one of the biggest reasons for criminal defendants to plead not guilty at the arraignment. Let’s discuss just how valuable extra time can be for criminal defendants.
Get an attorney. Many unknowns exist for defendants at the beginning of the case. Additional time gives the defense an opportunity to flesh out some of these unknowns. Having an attorney helps accomplish this goal. An attorney’s job also includes protecting their clients’ constitutional rights. Defendants who are not represented can ask the court for a continuance (delay) and time to retain counsel or apply for a public defender.
Preview evidence. One of the next scheduled hearings will often be the preliminary hearing, which presents an opportunity for the defense to preview the prosecutor’s case. While this hearing happens fairly early on before much of the evidence comes to light, it provides a chance to see and hear parts of the prosecutor’s case and evaluate how strong it potentially is.
Develop defense strategies. Attorneys need time to investigate the case and formulate possible defense strategies. Often, criminal cases have hundreds of pages of evidence attorneys need to sift through and determine the relevancy of each document. Also, crime scenes produce physical evidence, which might require time for crime lab testing and analysis.
Show rehabilitation. Defendants who are not in custody can use the extra time to take responsibility and show the prosecutor and judge that they're willing to work hard and be law-abiding citizens. For instance, a defendant might get a job, enroll in classes, enter rehab, or go to counseling.
Finally, delays can work to a defendant's advantage as witnesses might move or their memories fade, or more heavy-hitter cases might land on the prosecutor’s desk, potentially pushing your case down the priority list.
Disadvantages of Pleading Not Guilty at Arraignment
Although most criminal cases don’t resolve this early, it’s important to understand the disadvantages of pleading not guilty at the arraignment. As it happens, the advantage of time can also be a disadvantage.
Worse offers. Offers from the prosecutor can get worse, especially if they have a strong case.
Prolonged incarceration. Defendants unwilling to accept a plea may have to continue sitting in jail if they cannot post bail. Continued incarceration can mean losing one's job and the ability to support their family.
Evidence can pile up. Additional time allows the defense to more thoroughly investigate the case, but it provides the same advantage to the prosecutor, and the additional evidence doesn’t always bode well for the defendant. The extra time may prove harmful to the defendant’s case, such as a lab-test result that took months to get showing the defendant’s DNA found at the crime scene.
Uncertainty. Uncertainty of what will happen tends to be difficult for many defendants. Sometimes the not knowing can be worse than the actual punishment.
Should I Plead Guilty at Arraignment?
While it’s more common to plead not guilty, certain advantages exist for pleading guilty early on in a criminal case. Understanding the reason behind this decision is essential in determining whether such a defense strategy will be beneficial to one's case.
Advantages of Pleading Guilty at Arraignment
Several benefits exist for defendants willing to enter a guilty plea at the initial stages of a case.
Certainty. A big motivation for pleading guilty is certainty. Defendants will know, or have a pretty good idea of, what their fate will be, and no longer fear the uncertainty of what could happen.
Plea offers. Another benefit to finishing the case early on involves plea offers. A prosecutor’s first plea deal might be their best offer.
First-in-line benefit. If multiple defendants are involved in the case, the prosecutor might give the best offer to the first co-defendant willing to turn on the other co-defendants. Such an opportunity requires swift action, as co-defendants can quickly turn on one another if it means getting a great deal.
Bail modifications. Judges’ willingness to modify or eliminate bail often serves as a catalyst for an offender’s early acceptance of a plea proposal. Even if a defendant will not receive their sentence on the same day as the plea, prosecutors might support a defendant’s request to reduce the bail amount after they enter a plea. Getting out of jail can be very enticing for offenders who can’t post the current bail amount and will have to sit in jail until trial.
Accountability looks good. Many judges like early pleas and look more favorably on the defendant because they willingly take responsibility for their unlawful conduct and aren’t using up space on the judge’s already-crammed criminal docket.
Disadvantages of Pleading Guilty at Arraignment
Defendants waive (give up) many constitutional rights by pleading guilty right off the bat, such as getting an attorney, receiving discovery from the prosecutor, and taking the case to trial in front of a jury of their peers. And, unlike a plea of not guilty, it's not always possible to withdraw a guilty plea.
The unknown collateral consequences of pleading guilty so quickly can have detrimental effects on some criminal defendants. A conviction and criminal record might result in the loss of a job or professional license, negative impact on immigration status, and forfeiture of government benefits. It’s usually best to speak with an attorney before making a decision to plead guilty.
Talk to a Lawyer
If you’ve been arrested for or charged with a criminal offense, contact a local criminal defense attorney today. Entering a plea during the initial stages of a case can be beneficial but should be discussed with a qualified lawyer, who will help you to review all possible options for your unique set of circumstances.