Should I plead guilty or not guilty at arraignment?

October 27, 2022 by stephenh

The Constitution creates a presumption of innocence and requires that the prosecution prove their case beyond a reasonable doubt in any criminal case. Entering a plea of “guilty” at the arraignment erases the presumption of innocence and relieves the prosecution of the burden of proof.

In almost every case, it will make sense to enter a plea of “not guilty” at the arraignment stage of the case, even if you plan to eventually resolve the case. Your attorney can help you decide what strategy is most likely to achieve the results you need.

Can I resolve my case at the arraignment?
In misdemeanor cases, you can sometimes resolve your case at the first hearing (arraignment). Generally, however, this will mean some kind of conviction will be entered on your record. More often, a better result is obtained when you begin by entering a "not guilty" plea and seeking the advice and assistance of a good attorney.
Will a prosecutor make an offer at the arraignment?
In justice court misdemeanors, prosecutor's are sometimes prepared to make a plea offer to resolve a case at the arraignment hearing. Often, however, the prosecutor has not had an opportunity to thoroughly review the case materials and is therefore not ready to make an offer. In some justice courts, prosecutors may not even be present at the arraignment. Regardless, it is best to consult with an experienced defense attorney before accepting any offer to resolve a criminal case.
Can police search my car when I am pulled over for speeding?
Police conduct during a traffic stop is limited by Fourth Amendment protections against unreasonable search and seizure. If police observe a traffic violation, they can stop the vehicle and question the driver. The scope of their conduct is restricted to an investigation of the crime or violation that they believe has occurred. Searching a vehicle is an escalation of the scope of the stop (seizure) and also extends the duration of the stop. Unless the police have a reasonable articulable suspicion of other criminal activity, their conduct during a traffic stop is restricted to investigating only the traffic offense. If…
Do I have to appear in person at an arraignment?
In most Utah courts, the judge will expect the defendant to appear in person at an arraignment hearing. If you ignore and skip a scheduled arraignment, the court will likely issue a warrant for your arrest. However, sometimes a court will accept a waiver of the formal arraignment or may allow a defendant to appear remotely or through counsel. Your attorney can help explain your options.

Should I plead guilty or not guilty at arraignment?

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