Also known as:pleas of not guilty · not guilty plea
Written by attorneys · grounded in primary & secondary sources — see below
A formal response in a criminal proceeding by which the defendant denies the charges. The plea requires the prosecution to prove every element of the offense beyond a reasonable doubt and preserves the defendant's right to contest the government's case at trial. It also triggers procedural deadlines for raising certain affirmative defenses.
Sources & Authorities
How it applies
Common Examples
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Late Insanity Notice After Plea
Paige Porter was arraigned on fraud charges and entered a plea of not guilty. Eleven days later her lawyer filed a written notice asserting a bipolar disorder that allegedly excluded criminal responsibility. The court excluded all mental-disease evidence because the notice missed the ten-day deadline and no good cause was shown.
Court Enters Plea For Silent Defendant
Prime Logistics was charged with environmental violations but failed to appear at arraignment. The court entered a plea of not guilty on the corporation's behalf and set the case for trial. The prosecution then had to prove every element of the offenses.
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Preston Pratt faced an indictment for theft. At a pretrial conference the judge listed the indictment and the defendant's plea of not guilty as the operative pleadings under the rules. The case then proceeded on that record to discovery and trial.
Burden Remains With Prosecution
Pablo Perez pleaded not guilty to homicide. At trial the government introduced evidence of the killing while the defense offered nothing. The jury acquitted because the prosecution failed to prove every element beyond a reasonable doubt despite the general denial.
Davis v. United States160 U.S. 469, 16 S.Ct. 353, 40 L.Ed. 499 (1895)
Plea Forces Proof Of Every Element
Parker Phillips pleaded not guilty to a felon-in-possession charge. Even though he conceded prior conviction status, the prosecution still had to prove the firearm element at trial. The plea kept the full burden on the government for all elements.
Old Chief v. United States (II)519 U.S. 172 (1997)
Arraignment And Entry Of Plea
Priya Prasad and two codefendants were arraigned on rape charges. Each entered a plea of not guilty after the indictment was read. The court then set the cases for trial without further inquiry into the pleas.
Powell v. Alabama287 U.S. 45 (1932)
Common questions
Frequently Asked
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What happens if a defendant refuses to enter any plea at arraignment?+
The court must enter a plea of not guilty on the defendant's behalf. This ensures the case proceeds to trial with the prosecution bearing the full burden of proof.
Does a plea of not guilty preserve the right to raise an insanity defense?+
Yes, but only if the defendant files a timely written notice of intent to rely on mental disease or defect. In many jurisdictions the notice must be filed at the time of the plea or within ten days afterward unless the court permits a later filing for good cause.
Is a plea of not guilty treated as an admission of any fact?+
No. The plea simply puts the government to its proof and does not admit any element of the offense. A defendant may ethically enter the plea even when factually guilty.
When does the right to counsel attach at arraignment where a plea is taken?+
Arraignment is a critical stage once formal adversarial proceedings have begun. The Sixth Amendment therefore guarantees counsel when the court accepts a plea of not guilty and requires the defendant to make binding procedural choices.
287 U.S. 45 (1932)Criminal Procedure
…state court of first instance on March 31, and the record recites that on the same day the defendants were arraigned and entered pleas of not guilty. There is a further recital to the effect that upon the arraignment they were represented by counsel. But no counsel had been employed, and aside from a statement made by the trial judge…