Legal Question in Criminal Law in California
not guilty plea
If a person signs a confession can they still make a plea of not guilty?
3 Answers from Attorneys
Re: not guilty plea
Sure, you can try anything, but you'll need good luck and great legal reasons to try to set aside the confession. If you succeed in getting the confession stricken, it merely means you'll have to negotiate a plea bargain or stand trial on the evidence they have against you. Presumably, you signed because there was such evidence.
Get counsel. An attorney may be able to 'cut you a deal' you can live with. Feel free to contact me if serious about getting the legal help you'll need in 'trying' to do this.
Re: not guilty plea
Sure. It happens all the time. The confession will make the trial -- and any plea negotiations that precede it -- harder for the defendant, but those things come later. He can plead not guilty and then deal with the other problems.
Most importantly, he should have a lawyer protecting his interests. If he can't afford to hire one, he will need a public defender.
Re: not guilty plea
Sure. No one is guilty, confession or other evidence against them notwithstanding, until proven guilty by the jury at trial. There is nothing illegal about pleading not guilty.
Jacek W. Lentz, Esq.
310.273.1361
www.lentzlawfirm.com
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