If you are arrested in or around Pittsburgh, you must eventually provide a formal response to the charges against you. This response is referred to as your plea.
As a defendant, you should understand the criminal process, and the various types of pleas available to you. These pleas include: not guilty, guilty, and no contest (nolo contendere).
At Worgul, Sarna & Ness, Criminal Defense Attorneys, LLC, we know what is on the line for you and how these different pleas can impact your life. Let us review the facts and fight for the best possible outcome.
Call us at (412) 281-2146 for a free consultation. We are available 24/7.
Not Guilty Plea
When you enter a plea of “not guilty,” you are certifying to the court that you did not commit the crime in question.
At this stage, the Commonwealth becomes responsible for proving you committed the offense “beyond a reasonable doubt.” Of the three most common types of pleas, “not guilty” is the one that will lead you toward a trial.
After you enter a not guilty plea, the judge will schedule dates for further actions related to pretrial activities, and/or a trial.
What Happens After a Not-Guilty Plea?
Entering a plea of not guilty begins the process in which your attorney will take steps to prepare your case for trial, including conducting additional investigative work and examining all of the evidence. At any point prior to a final judgment, you and your attorney may enter plea negotiations with the prosecutor.
If you decide to accept a plea deal during this period, you will be able to change your “not guilty” plea to “guilty” or “no contest,” and receive a lesser charge(s).
Guilty Plea
By entering a plea of “guilty,” you are admitting for legal purposes that you committed the offense. This plea leaves you open to the possibility of receiving the maximum penalties as outlined under Pennsylvania law.
If you provide the court with a plea of guilty, you can expect to move quickly into the sentencing phase. Normally, a defendant will not plead guilty at the arraignment stage, with that waiting until later by means of a plea bargain, either right before the trial begins, or during some portion of the trial.
As the defendant, you may be able to rescind your guilty plea before the judge formally accepts it. However, once accepted by the court and a sentence has been imposed, you may not withdraw a guilty plea.
No Contest (Nolo Contendere) Plea
If you issue a plea of no contest, you are not legally admitting that you are guilty. However, this plea means you accept the truthfulness of the facts alleged.
Whether you plead guilty or no contest, you will generally face the same consequences. However, one benefit of a no-contest plea is that your plea cannot be used against you in a later criminal or civil case since you did not legally admit guilt. In addition, pleading no contest may enable you to appeal certain decisions that you would otherwise not be able to appeal if you pled guilty.
Pleading no contest is not available in every criminal case. Typically, a no-contest plea results from a negotiated agreement. The judge must give you permission to plead no contest.
If the prosecution agrees to let you enter a no-contest plea, often the judge will agree and allow it, though this is not guaranteed.
Frequently Asked Questions About Pleas in Pennsylvania
What types of pleas can you enter in a PA criminal case?
Pennsylvania recognizes three main plea options in most criminal matters: not guilty, guilty, and no contest (nolo contendere). Defendants usually enter an initial plea at their arraignment, and most plead not guilty at that stage to preserve their rights while the defense reviews the evidence. A fourth option, an Alford plea, is available in limited circumstances where a defendant wants to resolve a case without admitting the underlying facts.
What is a nolo contendere plea in Pennsylvania?
A nolo contendere plea, meaning “I do not wish to contest,” lets you accept the court’s punishment without formally admitting guilt. It carries the same criminal consequences as a guilty plea, but it cannot be used as an admission against you in a related civil lawsuit, which can matter in cases involving alleged injuries or property damage. The judge must grant permission for a no contest plea, and it is typically the product of a negotiated agreement with the prosecutor.
Can you change your plea in a PA criminal case?
In most cases, yes. A defendant can withdraw a not guilty plea and accept a guilty or no contest plea as part of plea negotiations and agreements with the prosecutor, usually before trial or at some point during trial. You can also ask the court to withdraw a guilty plea before sentencing for a “fair and just” reason. Once a sentence has been imposed, withdrawing a plea becomes much harder and requires a timely post-sentence motion or appeal.
What is an Alford plea and does PA allow it?
An Alford plea is a guilty plea in which the defendant maintains innocence but concedes that the prosecution has sufficient evidence to secure a conviction. Pennsylvania courts do permit Alford pleas, though judges are not required to accept them and will scrutinize the record before doing so. They are most often used when a defendant wants to lock in a negotiated outcome and avoid trial risk without admitting the facts of the offense.
What happens after you enter a guilty plea in Allegheny County?
After a guilty plea is accepted in the Allegheny County Court of Common Pleas, the case moves toward sentencing. The court often orders a pre-sentence investigation, and both sides may file sentencing memoranda. At the sentencing hearing, the judge applies Pennsylvania’s sentencing guidelines and weighs the offense gravity score, prior record score, and any mitigating or aggravating factors before imposing a sentence that may include probation, fines, restitution, or incarceration.
Consult a Lawyer About Any Plea
Deciding how to plead in a criminal case is serious, and should not be taken lightly. There are reasons behind why you would plead a certain way in various situations, and an experienced lawyer can help.
A not guilty plea gives you the chance to fight the case and build a strong defense. A guilty or no-contest plea may get the matter over with quickly, but there will be a trade-off you need to consider.
If you are currently the subject of a criminal case, you need highly experienced legal representation to ensure your rights are protected. Our Pittsburgh criminal attorneys at Worgul, Sarna & Ness, Criminal Defense Attorneys, LLC know what it takes to look out for your interests and how to weigh the pros and cons of entering a plea.
Let us help navigate your case toward a resolution that gives you the most favorable result possible.
Contact us today at (412) 281-2146 to request a free case evaluation with a knowledgeable and experienced Pennsylvania criminal defense attorney from our team.
