Why You Should Avoid Pleading Guilty Too Early
Posted on: 21 September 2022
Ask any criminal defense lawyer about the possibility of pleading guilty early in the process, and they'll strongly discourage the idea. Even if you're fairly sure you're going to plead guilty in a criminal case, there are several reasons to hold off. Let's look at four important ones in terms of presenting a criminal defense.
Continuance
One of the most basic tools of a criminal defense attorney is continuance. This is a request that the court should hold the matter over longer so the defense can continue to work on the case. If your lawyer needs more time to track down a couple of key witnesses or to examine lab testing reports, for example, they might ask for a continuance.
Notably, you can't request a continuance if you plead guilty. Even if you want to ask the court for a lesser sentence because you believe there's evidence to justify it, you can't get further time to build your case after a guilty plea. The case will go directly to the sentencing phase instead.
Discovery
If you don't plead guilty, the judge will have to decide whether to hold the case for trial or not. Whenever a judge orders a trial, they will also order discovery. This is the legal process where the prosecution has to show the defense everything they might present at trial in terms of evidence and witnesses.
Discovery often reveals the true strength of the prosecution's case so a criminal defense lawyer will push for it to see what the state does or doesn't have. You might find that the government's case is much less sound than you would have guessed at the time you were considering a guilty plea.
Motions
You also have the right to file motions. These are legal requests that allow you to ask the judge to authorize, bar, or dismiss certain things. A criminal defense attorney will frequently take a crack at a motion to dismiss the charges just to see if the judge questions the case, too. Similarly, the defense might motion for a reduction of the charges. The judge doesn't necessarily have to go along with it, but it's always good to take the court's temperature.
Negotiation
You might want to see whether the prosecution is interested in offering a plea deal. The state may be interested in collecting a win or not especially interested in prosecuting a defendant to the fullest extent of the law. Especially if there's a risk of accelerated penalties, such as ending up on a no-fly or sexual offender list, a negotiated plea to a lesser charge could be ideal.
To learn more, contact a criminal defense lawyer in your area today.
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