What Happens if You Plead Not Guilty but Are Later Found Guilty?
At R&R Law Group, we often hear this question:
“If I plead not guilty but then get found guilty at trial, will my sentence be worse than if I had taken a plea deal?”
The short answer: Usually, no.
What Happens if You Plead Not Guilty but Are Later Found Guilty?
Understanding the Basics
When you plead not guilty, you’re exercising your constitutional right to a trial. In most cases, judges will not punish you more harshly simply for going to trial. This is sometimes referred to as avoiding a “trial tax”.
For example, in a first-time DUI case:
- If you go to trial and are found guilty, you would typically still face the mandatory minimum penalties. A standard DUI, that could be 10 days in jail with 9 days suspended (meaning you serve 1 day), plus other standard conditions.
- These are the same penalties you would likely receive if you accepted a plea to that same charge.
When Could the Sentence Be Higher?
While trial penalties don’t normally increase just because you went to trial, there are exceptions. If aggravating factors come out during trial, such as:
- A collision occurred
- Someone was injured
- Other negative facts were revealed
The judge could impose a harsher sentence than what was originally offered in a plea.
Why Plead Not Guilty?
Remember, in the U.S. legal system, it’s not your job to prove your innocence. The state must prove your guilt beyond a reasonable doubt. That’s why, in some cases, if the plea offer is essentially the same as the potential sentence after trial, it can make sense to proceed to trial and require the state to meet its burden of proof.
Pleading not guilty and taking your case to trial is a legal right, and in many situations, the outcome will be similar to a plea unless aggravating circumstances apply. Every case is unique, so it’s important to get personalized advice from an experienced criminal defense attorney.
Contact Us Today
If you’ve been have questions about bail, don’t wait to seek legal advice. At R&R Law Group, we offer free case evaluations to help you understand your legal rights and options, schedule now or give us a call at (602) 497-3088. If you have questions about your specific situation, we can review your case, explain your options, and guide you through the process.
