Quick Answer: What Happens If I Say Not Guilty?

What happens if I plead not guilty and lose?

The citation may be deferred and not affect your driving record.

If the officer fails to appear for the trial, all citations will be dismissed.

No costs will be imposed and you will be given a copy of the dismissal.

If you are unable to resolve the matter with the officer, the court will hold a trial..

Can a defendant talk to a victim?

The defense, like the police, may electronically record conversations without your knowledge or consent. A crime victim has the right to choose whether or not to have contact with a defense investigator. A crime victim has the right to have a prosecutor or other person present for any contacts.

Can you beat a possession charge?

But, it is possible to fight these types of charges and obtain a more favorable outcome. The defense of a person charged with possession of controlled substance is often difficult, but not impossible. For example, one often used practical tactic is to simply take advantage of overworked public employees.

Can a first time felon get probation?

Well it is an easy question, most first time offenders get probation, unless it is a dangerous felony, such as murder, rape, etc… However, the probation officer that conducts the pre sentence investigation will document any concerns or liabilities. Be honest, be cooperative, and demonstrate remorse.

What does I plead the Fifth means?

refuse to answerTo plead the fifth means to refuse to answer a question, especially in a criminal trial, on the grounds that you might incriminate yourself.

What are the terms for being found guilty and not guilty?

Plea: a defendant’s formal answer in court to the charge that he has committed a crime. Some possible pleas include: guilty, not guilty, no contest, or not guilty by reason of insanity.

What should you not say in court?

Do not use gestures or noises instead of words (ie. nodding your head or saying “mmhmm” instead of “yes”). There is a transcript being made of what is happening in court and this sort of thing does not translate onto the record.

Why do all 12 jurors have to agree?

A – In a criminal trial the jury verdict must be unanimous, that is all 12 jurors must agree. Jury members must decide for themselves, without direction from the judge, the lawyers, or anyone else, how they will proceed in the jury room to reach a verdict. … A jury that cannot agree on a verdict is called a ‘hung’ jury.

Do cops show up to court?

While officers will often show up for court because it is an overtime opportunity, trial by mail is pure paperwork, and they will often not bother to submit their side of the story. When this happens, you win by default.

What are the 7 felonies?

Different Types of FeloniesAssault. Assault can be a misdemeanor or a felony depending on the situation. … Rape and Sexual Assault. In Oregon, there are numerous sexual assault and rape laws. … Promoting Prostitution. … Kidnapping. … Theft. … Arson. … Drug Crimes.

How do you avoid jail time for a felony?

15 Key Steps to Avoid Prison on Felony ChargesRemain Silent, it’s your Right, use it! … Remain Calm; and Silent. … Hire Experienced Criminal Defense Counsel Immediately. … Do Not Discuss Your Case. … Understand your Charges. … First, Defense Attorney; Second, Bondsman. … Don’t lie to your Attorney. … Do not speak to your family or friends about your case.More items…•

What does it mean to not plead guilty?

A plea of not guilty means you believe you have not violated the law. When you plead not guilty, the Judge will set a date for trial. … You may represent yourself at trial. If you plead not guilty and later decide to change your plea to guilty, you must reappear in court before the Judge in order to do so.

Why should you not plead guilty?

By pleading not guilty, the criminal defendant buys time. This gives his or her defense lawyer the opportunity to review the case and to assert all possible defenses. The criminal defense lawyer may explain the defendant’s rights.

What happens if you lose in traffic court?

If you win at trial, the court will refund your bail. However, if you lose at trial, your bail will normally be forfeited and go toward paying your fine. … In most cases, if you request a trial and you show up but the officer doesn’t, the judge will dismiss your ticket—meaning you win.

Is innocent the same as not guilty?

All we know is that the juries were not persuaded that the defendants committed the crimes charged.” Innocent means that you did not commit the crime. Not Guilty means that there was not sufficient evidence to determine that you did commit the crime. Reasonable doubt is what defense attorneys hammer into jurors’ heads.

What are the 5 types of pleas?

There are 3 basic types of pleas in criminal court: guilty, not guilty or no contest.Guilty. Guilty is admitting to the offense or offenses. … Not Guilty. Pleading not guilty is perhaps the most common plea entered in criminal court. … No Contest. … Withdrawing a Plea. … Frequently Asked Questions About Criminal Pleas.

Is it better to go to court or pay the ticket?

Go to Traffic School Even if you know you’ll be found guilty, going to court may be a better option than paying the ticket. … Chances are, you’ll find that you still must pay court costs and fees for the course, making the process almost as, if not more, expensive than simply paying the ticket without going to court.

How do you beat a speeding ticket?

Fighting the Traffic TicketStep 1: You’ll win some of the time just by showing up. … Step 2: Immediately request disclosure. … Step 3: Keep track of your calendar. … Step 4: If you’re going to lose don’t go to court.

What happens when you say not guilty?

If the defendant pleads not guilty it means they are saying they did not commit the offence. The case will go to trial and the prosecutor must prove beyond reasonable doubt that the defendant committed the offence. … The defendant should tell the court they want to be tried by a jury when they make their plea.

How can felony charges be dropped?

A felony charge can be dropped to a misdemeanor charge through a plea bargain, mistake found by the arresting officer or investigations, or by good behavior if probation was sentenced for the crime. … For example, a Federal crime as serious as terrorism will never be a misdemeanor and therefore cannot be reduced.

Is it better to plead guilty or no contest?

A no contest plea is essentially a guilty plea that says you are not going to fight the charges against you but are not admitting guilt. It has the same legal ramifications as a guilty plea. However, a plea of no contest can be more beneficial than a guilty plea in certain cases.

Does acquit mean innocent?

At the end of a criminal trial, a finding by a judge or jury that a defendant is not guilty. An acquittal signifies that a prosecutor failed to prove his or her case beyond a reasonable doubt, not that a defendant is innocent.

How do I protect myself in traffic court?

All of the basic rules apply.Be on time. Dress impressively. Follow directions. Bring everything you own related to driving.You should have your license, registration, insurance and the original citation.If possible, you should also pull your state driving record and have a copy with you.

Do you go to jail if you plead not guilty?

On most criminal charges and some traffic charges, the Judge can put you in jail or, if it is a felony, in prison! Some people worry that if they plead “Not Guilty,” when they feel they are really guilty, that it could hurt them later. Please do not worry.

What’s the point of pleading guilty?

In exchange for pleading guilty, the criminal defendant may receive a lighter sentence or have charges reduced. Additionally, pleading guilty avoids the uncertainty of a trial. Juries can be unpredictable. Prosecutors may uncover additional evidence that can make it more likely for a jury to convict the defendant.

Why would someone plead guilty to a crime they didn’t commit?

We all know that innocent people can be found guilty of crimes they didn’t commit, but innocent people might actually choose to plead guilty simply because they’re afraid to go to trial. The fear is based on a simple fact — people who go to trial and are convicted get much heavier sentences than those who plea-bargain.

How do lawyers get tickets dismissed?

Sometimes, lawyers can get a ticket dismissed if: The issuing officer doesn’t appear in court. (this rarely happens as officers get paid to come to Court) You agree to plead to another less serious non-moving violation.

Do cops show up to court for DUI?

No, an officer does not have to appear in court. You or your attorney must appear. The only time an officer must be in court is if they are called to testify at a hearing.

Should I just plead guilty DUI?

For defendants, there’s usually no benefit to pleading guilty at the first court appearance. Generally, plea deals a prosecutor offers on the first day are the same or worse than offers that come later. So, it’s typically best to initially plead not guilty and get a new court date a few weeks out or so.

What do I say in court for a speeding ticket?

What to Say in Court for a Speeding TicketHonesty is the Best Policy.Keep a Cool Head.Not Guilty.Explain in Detail.Mention the Weather.It was Less Than 5 Mph Over.There was an Absence of Traffic.Use Your Clean Record to Your Advantage.More items…•