Charged? Never assume you'll be found guilty.
Never plead guilty to any criminal charge until you are fully informed about the case against you. The best way to get informed is to have a criminal defense lawyer review your case.
When you go to court.
At your first court appearance the judge will ask you, "How do you plead?" You will have three options:
- plead guilty
- plead not guilty
- reserve your plea (which allows you to put your plea over to another date)
When you enter your plea the judge will assume you understand the consequences of that plea. One reason a judge would allow you to reserve your plea is to give you an opportunity to get informed. Make certain you do.
Find out if the charges against you can be proved.
Before you enter your plea, be sure to find out if the charges against you can be proved. Otherwise, you might enter a guilty plea to a charge you might not have been convicted of.
The burden of proof in criminal law is on the prosecution. It must prove the case against you. You do not have to prove you are innocent. What's more, the prosecution must prove its case "beyond a reasonable doubt" - that is, the judge must be "sure" you committed the crime.
Why are thresholds set so high for the prosecution? This is to minimize the chances of convicting an innocent person. Sometimes the prosecution cannot prove the case against you "beyond a reasonable doubt." When that happens, the charges against you must be dismissed.
Criminal defense attorneys know what the prosecution needs to prove. They also know whether or not it likely can be proved. Have your case reviewed before you enter your plea and find out if the case against you can be proved.
Find out if you have a defense to the charges you're facing.
Criminal law is loaded with defenses. You might be surprised how often defenses are available (for example, "self defense" to a charge of assault or the defense of "consent" to a charge of sexual assault). You may think you don't have a defense. Don't assume. Find out for certain before you enter your plea.
Criminal defense lawyers are familiar with the available defenses. They'll know if one is available to you.
Find out if plea negotiations are appropriate.
Please negotiations are also known as plea-bargaining. There may be a way for you to enter a plea to a lesser offense - a charge that doesn't come with a criminal record.
Another possibility is entering into a diversion program or an agreement with the Court that can save you from being convicted of a crime. Once the program is successfully completed, the charges against you will not be proceeded with.
Criminal defense lawyers know when plea negotiations are appropriate and what programs are available to you. They know how to approach the prosecution and present the plea negotiations.
Plea negotiations are tricky. Handled correctly, you can get a great result. Don't try to negotiate on your own. Talk to a criminal defense lawyer and find out if a plea negotiation is appropriate in your case, and then let them do the negotiations for you.
Know the penalties you're facing if you are convicted.
Finally, find out what penalties and consequences you're facing. Find out how a criminal record will affect you in both the short and long term.
The bottom line.
A judge will assume you have considered all your options and are aware of the consequences of your plea. They will assume you are making an informed decision when you enter your plea.
Talk to a criminal defense lawyer before you go to court. If you choose to plead guilty, you can always do so after you have received advice from a criminal defense lawyer.


