Proof. That’s what the state needs to adjudicate you guilty in the criminal courts. When you plead guilty, especially in first appearance, you likely have not received or reviewed ANY of the evidence that the state allegedly has against you.
The Wrong Perspective
An arrest is a scary process, and one with limited involvement in the criminal justice system may believe they have no choice but to plead guilty.
But pleading not guilty doesn’t necessarily mean innocent. It may be more appropriate to think of a plea of not guilty really meaning a plea of not proven. When a plea of not guilty is entered, you are requiring the state to reveal the evidence (or lack thereof) that the government intends to use against you. A plea of not guilty will also allow you to consult with a criminal defense attorney tor review your options.
But pleading not guilty doesn’t necessarily mean innocent. It may be more appropriate to think of a plea of not guilty really meaning a plea of not proven. When a plea of not guilty is entered, you are requiring the state to reveal the evidence (or lack thereof) that the government intends to use against you. A plea of not guilty will also allow you to consult with a criminal defense attorney tor review your options.
Entering a Guilty Plea
Once you have entered a plea of guilty, the only thing left is sentencing. You will no longer be able to review the evidence or contest the charges against you. The standard of proof in order to effectuate an arrest is much lower than the burden must meet in order to secure a conviction. Further, once a guilty plea is entered, the Judge has no authority or ability to change the charges to which you plead. The state no longer has to prove anything.
A consultation with a knowledgeable defense lawyer is the best way to truly get all of your questions answered and make sure you understand the direct consequences of entering a guilty plea.
A consultation with a knowledgeable defense lawyer is the best way to truly get all of your questions answered and make sure you understand the direct consequences of entering a guilty plea.
A Plea Deal
An attorney can research your case in depth, analyzing each detail the court may use against you. Police misconduct and faulty evidence can be used in your defense, which in turn may reduce the charges and your overall sentence.
You may also be eligible for a diversion program. This allows you to avoid conviction if you meet certain conditions.
For example, in the state of Florida, we have the Misdemeanor Pretrial Diversion Program (PDP). This offers “qualified misdemeanor offenders an alternative to formal criminal prosecution.”
You may also be eligible for a diversion program. This allows you to avoid conviction if you meet certain conditions.
For example, in the state of Florida, we have the Misdemeanor Pretrial Diversion Program (PDP). This offers “qualified misdemeanor offenders an alternative to formal criminal prosecution.”
Each participant signs a contract with the State of Florida which waives their right to a speedy trial, and in which they agree to comply with the program requirements and perform specific sanctions. Participants are normally supervised six (6) months to twelve (12) months depending upon the offense. In return for successful completion of the program and listed sanctions, the State agrees to drop the participant's criminal charges in that specific case, which enables them to avoid a conviction and ultimately a criminal record. All referrals to Misdemeanor PDP must originate with a recommendation by the Office of the State Attorney.
An attorney will be able to advise you on how to follow through with a diversion program and whether or not it is necessary.
Don't Go In Alone
A criminal case is a serious and life-changing experience, so don’t go through it alone. Consult with an experienced criminal defense attorney before making any decisions regarding your criminal case.