What happens if someone pleads not guilty?

Pleading Not Guilty at an Arraignment 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.

Is bench trial better than jury trial?

A bench trial is also faster and the judge often returns a “finding” (the functional equivalent of a verdict) much quicker than in a jury trial. A quicker trial also means the trial is less expensive for the defendant if he has private counsel. In a felony case, a jury consists of twelve persons.

What is a bench trial in Arkansas?

The trial is a bench trial, meaning the judge hears all the evidence, renders a verdict, and determines the punishment. EVERYTHING has a right to a de novo appeal to circuit court.

How long do bench trials last?

SInce this is not a jury trial, it should not take more than 3 hours at the most unless you and/or the prosecutor have several witnesses to call.

Is it okay to plead not guilty?

This is the reason defendants are usually advised to plead not guilty initially whether they are guilty or not. If the State’s evidence is weak that connects the defendant to the crime, the defense attorney may decide it is worth going to trial in order to avoid a possible criminal conviction.

Can a defendant choose to have a bench trial?

If the judge states before trial that he will not impose any jail or prison time, then the defendant no longer is entitled to a jury trial and will have a bench trial. Even when the defendant is entitled to a jury trial, the defendant can choose instead to have a bench trial.

What happens if you miss a bench trial?

There are no serious legal ramifications if you miss the court hearing. The judge can hold you in contempt which can result in a fine or even jail time. However, that is unlikely if the petitioner or plaintiff is awarded a favorable ruling. On the other hand, the plaintiff will have incurred costs from hiring a lawyer and initiating a trial.

Can a criminal defense lawyer advise a defendant not to plead guilty?

The criminal defense lawyer instead may only be able to advise the defendant about the possible maximum sentence that a criminal defendant may receive if convicted of the offense either by pleading guilty or by being found guilty by a judge or jury.

Why do people plead not guilty at arraignment?

Because of the availability of changing a plea to guilty later on, most criminal defendants plead not guilty at the arraignment because they know they can later change the plea if they do reach a favorable agreement.

If the judge states before trial that he will not impose any jail or prison time, then the defendant no longer is entitled to a jury trial and will have a bench trial. Even when the defendant is entitled to a jury trial, the defendant can choose instead to have a bench trial.

Is the bench trial the same as a non-negotiated plea?

A bench trial is a trial in front of a judge, and in such trial, the judge takes the role of the jury. He decides whether the State has met their burden of proof, which is guilt beyond a reasonable doubt. If he does not, then he will acquit you, and the case is over.

What are the pros and cons of pleading guilty?

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. Additionally, trials are very public ordeals, so pleading guilty avoids most media attention and does not subject…

Can a plea bargain help a defendant be found not guilty?

Police misconduct or a failure to follow rules can get evidence suppressed so that it is not used against the criminal defendant at the trial. This higher standards can help a defendant be found “not guilty.” Some plea bargains will offer little benefit to criminal defendants, especially those that the prosecutor believes will simply plead guilty.