If a defendant declares themself not guilty at arraignment is it mandatory that the case go to trial?

Asked about 1 year ago - Marietta, GA

Does it have to go through a trial or can a deal be worked out with the the DA without it making it to trial?

Attorney answers (5)

  1. Charles Christopher Flinn

    Pro

    Contributor Level 14

    13

    Lawyers agree

    Answered . A case can always be worked out before trial. Most attorneys will plead their clients not guilty at arraignment to give time to investigate the case and determine if the case will be worked out or whether the case is going to trial.

  2. Benjamin David Goldberg

    Pro

    Contributor Level 17

    11

    Lawyers agree

    Answered . 99% of defendants plead not guilty at arraignment, and 90% of those people never go to trial.

  3. Donald F. Hawbaker

    Pro

    Contributor Level 15

    8

    Lawyers agree

    Answered . You can make whatever deal that makes sense to both you and the prosecution prior to trial.

    If you find this answer helpful, please mark it here on AVVO as helpful. In answering you, I am attempting to... more
  4. Bernadette Camille Crucilla

    Contributor Level 9

    6

    Lawyers agree

    Answered . Typically, at arraignment, you will always enter a not guilty plea so the lawyer has time to investigate the case and review all the discovery (evidence) that the state has. After that, you can always enter a guilty plea after negotiating a deal with the prosecutor (which occurs about 90% of the time). Otherwise, a trial will be scheduled and you will take the case to trial.

  5. Anthony Michael Solis

    Pro

    Contributor Level 20

    6

    Lawyers agree

    Answered . A not guilty plea is almost always the first type of plea to be entered and almost as often cases get resolved before trial. In fact a not guilty plea is what starts "change of plea" negotiations. The vast majority of cases start up as not guilty and wind up with a guilty or no contest plea. Good luck.

    No legal advice is given here. My responses to questions on Avvo are never intended as legal advice and must NOT... more

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