99% of the time you would plead not guilty. This does not mean you’re innocent. It simply tells the court that you want to reserve your rights to a fair trial, to hear the evidence against you, to see and question the witnesses testifying against you and to present your defense, should you choose.

So, don’t worry about seeming like a liar by pleading not guilty. This is how the system works. You can always change your plea to guilty upon receiving a better offer from the district attorney. But going from guilty to not guilty is a bit more challenging.

If you chose to plead guilty, it would be over. There would be no trial. You’d give up your rights to hear evidence against you and your rights to cross examine witnesses who testify against you. Basically, you tell the judge to go ahead and dish out the sentence (punishment), because you have done what the police and district attorney have accused you.

Of course you could change your mind before conviction, but why risk going that far? It becomes virtually impossible after conviction. (This will be discussed during another blog.)

When you plead guilty, you are at the mercy of the court for a lenient sentence. Sometimes the court will give lenient sentences when someone refuses go through a trial, but that is not the best way of going about defending yourself.

It’s imperative that every piece of evidence and testimony against you is carefully examined. Further, it’s very important that the police report is carefully analyzed to see if any of your rights have been violated. Even further, the police may have had the wrong facts and you may be falsely accused.

One should NEVER readily plead “guilty” to any charge(s) without first consulting an attorney. Even if you are not innocent, it does not mean the government (police and District Attorney) could violate your Constitutional rights.

The judges, DA and court personnel know pleas are changed routinely. It’s best to preserve your right to a trial because you can always change your plea to guilty–I’ve never seen a guilty plea rejected.

My office is available for a free consult: (714) 321-9999.

My posts/blogs are to be taken for academic purposes only and NOT LEGAL ADVICE. Nothing on my blogs should lead you to believe there is an attorney-client relationship, nor that I am giving legal advice.

Please call my office at (714) 321-9999 for a free consultation to discuss your specific matter where I could then give proper legal advice.

THE PURPOSE OF ARRAIGNMENT

Your first court date will begin with the judge telling you what charges have been filed against you. These charges will sometimes be the same as what you were initially ticketed or arrested for. In other cases, the charges will have changed. This is because the prosecutor in your case may disagree with the arresting officer over exactly which crimes they believe you committed. What happens on the first day of court.

After reading your charges, the judge will next ask how you wish to plea. You can plea “not guilty” to deny the charges and have the case set for a trial. Alternatively, you can enter a plea of “guilty” or “no contest” to resolve the case at arraignment. “Guilty” means that you are admitting the charges against you. “No contest” means that you are agreeing to be punished for the charges, but not explicitly admitting to them. In some courtrooms, the judge or prosecutor will offer you a plea deal before you enter a plea. In other courtrooms, the judge will wait until you have decided before choosing your sentence. Feel free to ask the judge for clarification about your potential punishment before deciding.

Finally, if you enter a “not guilty” plea, the judge will ask you whether you plan to hire a private lawyer. If you don’t believe you can afford a private attorney, you can request for the judge to appoint a public defender to represent you. Public defenders are lawyers provided to defendants with low incomes for free or for a nominal fee.

THE LENGTH OF THE FIRST COURT DATE

Your first hearing will likely be only one or two minutes long. Most courtrooms schedule many arraignments for the same day, so the judge will try to move through each case quickly. Unfortunately, because so many cases are scheduled at once, you may end up waiting in the courtroom for an hour or more before your case is called. Be prepared for court to take up to three or four hours.

WHAT TO WEAR

You should take care to dress appropriately whenever you appear in court. Although many courtrooms will allow you in if you are underdressed, dressing properly will make a better impression on the judge. The appropriate attire for your first court date is business casual. Men and women can wear a button up shirt and slacks. Women can also wear a blouse and skirt or a professional-looking dress. Suits are also welcome, but not required. Some courthouses have unique attire requirements, so be sure to check your courthouse’s website for additional rules.

WHEN TO HIRE A LAWYER

It’s never too soon to hire a criminal lawyer. Although many people wait until after arraignment to start looking for an attorney, it’s better to begin your search as soon as you are first charged. A lawyer will guide and represent you throughout the criminal process. They can often even appear in court in your place so that you don’t have to attend the hearing at all.

CONCLUSION TO WHAT HAPPENS ON THE FIRST DAY OF COURT

Your first court date is sure to be a nerve-racking experience. Now that you know what to expect though, it will hopefully be a little less scary. If you are still feeling overwhelmed, consider a criminal attorney to help guide you through the process. Remember that it is never too early in the criminal process for you to reach out to a lawyer.

Call the Law Office of Wais Azami with any questions. We offer free consultations and flexible appointment times.