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How do you plea? Guilty, not guilty and standing silent

On Behalf of | Jun 29, 2023 | Criminal Defense |

When confronted with criminal charges, one of the pivotal decisions defendants face is how to enter a plea. 

In Idaho, you have three plea options: “guilty,” “not guilty” and the lesser-known concept of “standing silent.” Each plea carries distinct implications and consequences. 

Pleading guilty

Entering a guilty plea is a straightforward admission of responsibility for whatever charges you are facing. This generally means giving up your right to a trial, to testify on your own behalf and to confront your accusers. You also waive your right to appeal what is a guaranteed conviction and a “win” for the prosecution.

So, why do it? Most of the time, people plead guilty in exchange for some concession from the prosecution. If you’re willing to forgo a trial, the prosecutor may be willing to lower the charges against you or agree to some specific sentence (or sentence recommendation) that’s more favorable than what you would likely receive at trial.

Pleading not guilty

A not-guilty plea is an assertion of innocence. By entering this plea, defendants deny any involvement in the alleged offense or claim their actions were justified, such as in self-defense. This forces the prosecution to prove their case at trial and preserves your appeal rights if you’re convicted.

Pleading not guilty preserves the presumption of innocence around you. In the best-case scenario, you can be acquitted of all the charges against you.

Standing silent

This plea option is unique to this state. It occurs when you refuse to enter any formal plea during your arraignment. In turn, the court is obligated to enter a not-guilty plea on your behalf.

Understanding the nuances of your different plea options is key to navigating the criminal justice system. Whether pleading guilty, not guilty or choosing to stand silent, the decision you make at this stage can significantly impact the course of your legal proceedings and potential outcomes. Talk to a criminal defense attorney to learn which option is best for your situation.