Does Pleading Not Guilty Anger the Court? (Iowa City)

I have been asked this question many times in one form or another. The short answer is “No.”

What does anger the Court is when a defendant rushes into a guilty plea, then wishes to withdraw the guilty plea claiming they did not know what was going on.

For simple misdemeanors, the judge will generally ask a defendant how they wish to plead while the defendant is still sitting in jail during his initial appearance. If that defendant is unsure in any way as to whether he should plead guilty or not guilty, the correct answer is, plead NOT guilty.

A not guilty plea is not an insult to the Court. It can mean a variety of things, including, the defendant needs more time to think about it, the defendant wishes to negotiate a plea bargain, or the defendant simply wishes to discuss their case with an attorney.

If the charge is not a simple misdemeanor, the judge will not ask for a plea until the county attorney files their Trial Information. Once the Trial Information is filed, a written plea can be submitted generally at any time, except for felony offenses.

Felony offense guilty pleas must be made in open court, so the judge can have an opportunity to go on the record and inform the defendant of all the rights he is waving.

Whether the charge is a simple misdemeanor, non-simple misdemeanor, or a felony offense, a not guilty plea is not an insult to the Court or the prosecution. It is simply a statement to the Court that the defendant has not yet made up his mind as to entering a guilty plea at that time.

All guilty pleas should be made as if they were final decisions. Whereas a not guilty plea is often an intermediary step to a guilty plea. The only way a defendant can upset or bother the Court in this situation, is to plead guilty, then demand that the guilty plea be withdrawn because he was not aware of his rights.

In summary, when in doubt, plead not guilty.

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