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Thursday, July 15, 2021

What is "Plea"?

What is "Plea"?

Plea is the formal word that means an urgent or emotional request as many people know. In Law, it is different. Plea is a statement or an answer that a person give in the court when they have been accused of committing a crime.

Ex. Mr. Sophal entered a plea of not guilty.

There are two different situation in the term of  "Plea" - Plea of guilty/plead guilty and Plea of not guilty/ Plead not guilty. The following shows the term of the terms:


A Plea of Guilty/ Plead Guilty

If one plead guilty, s/he is admitting to the Judge that s/he has committed a violation.  The judge will then decide what penalty will be assessed.  s/he will have an opportunity to tell the Judge any special circumstances that s/he believe lessen the seriousness of the violation. s/he cannot plead guilty and then in the explanation to the Judge say that s/he did not violate the law.

After listening to your explanation, the Judge will assess a penalty, considering the seriousness of the offense and any explanation offered by you.   Remember, if you plead guilty, the Judge will find one guilty.  Any explanation that is offered by one can only affect the penalty.  When s/he plead guilty, s/he will lose the following rights:

  • To hire a lawyer to represent s/he;
  • to have a trial before a court or jury;
  • to call witnesses to testify for s/he;
  • to testify for oneself
  • to cross-examine any witnesses that the City may call;
  • and the right to appeal the judgment

A Plea of Not Guilty/ Plead Not Guilty

A plea of not guilty means s/he believe s/he have not violated the law.  When s/he plead not guilty, the Judge will set a date for trial.  A trial will not be held on your initial arraignment date as all necessary witnesses will not be present.

One does not need to be represented by a defense lawyer (attorney) if s/he want to plead not guilty.  s/he may represent oneself at trial.  If s/he pleads not guilty and later decide to change one's plea to guilty, s/he must reappear in court before the Judge in order to do so.

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