Can I plead "not guilty" if
I really did it?
A
question was recently asked whether it was acceptable for a person who
was factually guilty of a crime to enter a plea of not guilty. Not only
is this practice acceptable, but it is a fundamental part of the Utah
criminal justice system.
If you are facing prosecution for
felony or
misdemeanor charges in Utah, it is critical to have the
assistance of an
experienced criminal defense attorney. DO NOT enter a
plea of guilty without first consulting with an attorney regarding your
rights and the various strategies that may be available for defending
your case.
Contact us now to arrange for an initial confidential consultation with Utah
criminal lawyer Stephen Howard.
Presumption of Innocence & Burden of Proof
Both
state and federal constitutions provide that a person charged with a
crime is presumed to be innocent. Under this principle, a defendant
cannot be convicted unless a jury is convinced beyond a reasonable
doubt that the defendant committed the crime charged or unless the
defendant enters a plea of guilty (or no contest).
At trial,
the prosecutor bears the burden of proof - meaning that the prosecutor
has the responsibility to present evidence sufficient to convince the
jury, beyond a reasonable doubt, of the defendant's guilty. A defendant
has the option at trial of not testifying, not presenting any
witnesses, not presenting any other evidence, and not even making any
arguments to the jury or judge. (This is generally NOT a good trial
strategy, but it is legally permissible.) If the prosecutor is not able
to persuade the jury, then a not guilty verdict should be reached.
A
defendant who chooses to forgo the right to a trial and give up the
presumption of innocence can do so by entering a plea of guilty (or no
contest). But giving up the presumption of innocence by entering a
guilty plea carries serious consequences.
Opportunity to Consult with Counsel Prior to Plea
Utah
courts recognize the importance of consulting with an attorney prior to
entering a plea. Under Rule 11 of the Utah Rules of Criminal Procedure,
a court cannot require a defendant to enter any plea (guilty or not
guilty) until the defendant "has had a reasonable time to confer with
counsel." The rule further provides, and the Court of Appeals has
affirmed, that a trial court "may not accept" a guilty or no contest
where a defendant is not represented by an attorney unless the court
specifically finds that the defendant has "knowingly waived the right
to [an attorney] and does not desire [an attorney]."
See,
State v. Ostler, 2000 UT App 28.
Plea Negotiation in Utah Criminal Cases
The
plea negotiation process is a legitimate and important part of the Utah
criminal justice system. In many cases, a prosecutor ultimately may not
seek a conviction on the most serious charges applicable to the case.
Justice is not always best served by the imposition of maximum
penalties.
Entering a guilty plea prior to consulting with
counsel, prior to obtaining full discovery, and prior to engaging in
meaningful discussions and negotiations with the prosecutor can deprive
both sides of the opportunity to assess how best to serve the interests
of justice. By entering a not guilty plea (even when the defendant
wants to "accept responsibility" for the crimes), the defendant
preserves the opportunity for both sides to make an full and
appropriate assessment of the case and to determine how best to do
justice.
Finding a Utah Criminal Defense Attorney

If
you are facing prosecution for a crime in Utah, consultation with an
experienced criminal attorney before entering any plea is vital.
Preserve your rights by
contacting us now to arrange for an initial
consultation. Utah
criminal defense attorney Stephen Howard provides defense representation to clients throughout Utah.
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