Should I Plead “Guilty” or “Not Guilty” at My Arraignment?
If you’ve been arrested and are heading into your first court appearance — called the arraignment — one of the biggest questions on your mind is probably:
“Should I plead guilty or not guilty?”
This moment can feel overwhelming. You’re standing before a judge, the charges are being read aloud, and all eyes are on you. It’s tempting to just get it over with — especially if you believe the evidence is strong or you “did something wrong.”
But here’s the truth: you should almost always plead “Not Guilty” at your arraignment — even if you think you’re guilty.
Why? Because entering a guilty plea too early can close doors you didn’t even know were open.
Let’s walk through what happens at an arraignment, why your plea matters so much, and how working with a skilled criminal defense in Colorado protects your rights and your future from day one.
What Is an Arraignment?
Your arraignment is the first formal court appearance in a criminal case. It usually happens within a few days of your arrest.
During the arraignment:
- The judge informs you of the charges against you
- You are advised of your rights (to remain silent, to an attorney, etc.)
- You are asked to enter a plea: guilty, not guilty, or no contest
- The court may also address bail or bond conditions
It’s a critical stage — not because your case will be resolved here, but because the decisions made at arraignment shape everything that follows. And the plea you enter sets the tone for your entire criminal defense in Colorado.
What Are the Plea Options?
You generally have three options at arraignment:
✅ Not Guilty
You deny the charges and want to fight the case or negotiate a better resolution later. This plea keeps all of your options open.
✅ Guilty
You admit to the offense and accept the legal consequences. The court will proceed directly to sentencing.
✅ No Contest (Nolo Contendere)You don’t admit guilt, but you don’t contest the charges either. The effect is similar to a guilty plea in terms of sentencing, but it may limit use of your plea in civil court (e.g., lawsuits).
In almost every case, the safest and smartest move is to plead Not Guilty — and let your criminal defense in Colorado lawyer guide the process from there.
Why You Should Almost Always Plead “Not Guilty” First
Even if you believe you’re guilty — or think the evidence against you is overwhelming — you should still enter a not guilty plea at arraignment. Here’s why:
✅ You Haven’t Seen All the Evidence Yet
At arraignment, discovery hasn’t even started. That means you haven’t seen the full police report, video footage, witness statements, lab tests, or any other details the prosecution plans to use.
Pleading guilty before reviewing that evidence is like signing a contract without reading it — and could lead to unnecessary jail time, fines, or a permanent record that could’ve been avoided.
✅ There May Be Defenses You Don’t Know About Yet
Did the police have probable cause? Was your search legal? Were you properly Mirandized? Were there chain-of-custody issues with evidence?
Only a trained attorney practicing criminal defense in Colorado can analyze your case for constitutional violations, factual inconsistencies, or legal defenses that might dismiss or reduce the charges entirely.
✅ Pleading Not Guilty Buys You Time
Even if you ultimately want to plead guilty or negotiate a deal, entering a not guilty plea gives your attorney time to:
- Review discovery
- File motions to suppress or dismiss
- Negotiate with the prosecutor
- Build a defense strategy
- Explore diversion, deferred judgment, or alternative sentencing
Pleading guilty too early locks you into consequences you might have avoided with just a little patience and legal support.
✅ The Judge Won’t Hold It Against You
Some people worry that pleading not guilty will “look bad” — like they’re not taking responsibility. But that’s not how the legal system works.
You have a constitutional right to plead not guilty, and exercising that right is standard practice. Judges expect it. Prosecutors expect it. Your defense attorney encourages it.
It’s not about denying the truth — it’s about making sure the truth is fairly examined.
Real-World Example: Early Guilty Plea Led to Harsh Sentence
A young man was charged with misdemeanor theft in Colorado. At arraignment, he pled guilty without an attorney, hoping for leniency.
He was sentenced to 30 days in jail and a $1,000 fine.
Later, an attorney reviewed the surveillance footage and discovered the item had been misplaced — not stolen. The charges could have been dropped entirely.
Once the guilty plea was entered, though, it was nearly impossible to undo.
Real-World Example: Not Guilty Plea Opened the Door to Diversion
A woman facing her first DUI pled not guilty at arraignment. Her attorney immediately contacted the district attorney and requested entry into a deferred judgment program.
She completed alcohol treatment, maintained a clean record, and the charge was dismissed six months later.
Because she didn’t plead guilty too soon, she avoided jail time and a permanent criminal record.
That’s what strong, strategic criminal defense in Colorado can do — but only if you keep your options open at the start.
What Happens After You Plead “Not Guilty”?
Once you plead not guilty, your case moves forward through the court process:
- Pretrial conference: Your attorney negotiates with the DA and reviews evidence
- Motions phase: Your lawyer may request evidence suppression or dismissal
- Plea negotiations: You may be offered a plea deal based on the facts and your history
- Trial preparation (if needed): Your case goes before a judge or jury
- Resolution: Either through a plea, a dismissal, or a verdict at trial
At each of these steps, your attorney will help you evaluate your options — and choose what’s best for your situation.
Can You Change Your Plea Later?
Yes. If you plead not guilty at arraignment, you can always change your plea later — after reviewing the evidence and discussing options with your attorney.
But if you plead guilty right away, it’s much harder to reverse — and may require special motions or appeals.
Don’t close doors before you’ve had a chance to explore what’s behind them. The goal of a smart criminal defense in Colorado is to expand your options, not limit them.
Final Thought: “Not Guilty” Doesn’t Mean Denial — It Means Protection
Pleading not guilty isn’t about pretending nothing happened. It’s about protecting your rights, understanding your case, and making informed decisions with the help of a professional.
Whether you’re innocent, made a mistake, or just want a second chance — the legal system moves fast, and the consequences can be permanent.
Start smart. Start strong. Start with not guilty — and the right legal team behind you.
What to Do Next
Facing your first court appearance? Don’t go in blind. Let us stand with you.
- Call now for a free consultation with a criminal defense attorney in Colorado
- We’ll explain your rights, walk you through the arraignment process, and start building your defense
- One smart decision now can protect your freedom and future later
Meet Dion Custis: A Criminal Defense Lawyer in Colorado Who Knows How to Win
For over 30 years, Dion J. Custis has fought for people just like you — individuals facing criminal charges and unsure of what comes next. Licensed in both Colorado and Wyoming, he’s handled thousands of cases in state and federal courtrooms, including:
- Felony assault charges
- Self-defense claims
- Allegations involving police officers
- Complex, high-stakes trial cases.
You don’t need to know the law. You need a criminal defense lawyer who knows how to use the law to protect you.
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Start Building Your Defense Now — While You Still Have Time
You’ve got one shot to protect your name, your job, your record, and your freedom. Make it count. Don’t Face the System Alone — Schedule a Free Criminal Case Review Today.