Imagine a dartboard where the bull’s eye is “guilty.” Everything else on the board is “not guilty.” Not guilty does not necessarily mean that a defendant actually did not commit the crime. It can mean that, but it also means everything else, aside from “guilty.”
For low-level misdemeanors (simple misdemeanors in Iowa) guilty pleas can be taken at the initial appearance, often times while the defendant is still in jail. Not guilty can mean “I’m not sure, judge, I need time to speak with a lawyer.” Or it could mean “Well I was there, but I don’t think I was actually intoxicated.” Or it could mean, “I’m not sure what ‘interference with official acts’ means, but I’d like to find out before I say ‘guilty.’ ”
Will a judge be upset or give the defendant a greater sentence because the defendant pleaded not guilty then decided to change his plea? Usually not. Judges understand that defendants can be confused at the time of an initial appearance. Also, they would much rather have a not guilty plea be withdrawn to enter a guilty plea, than a guilty plea attempted to be withdrawn.
For a guilty plea to be withdrawn, the Defendant must show that the plea was not made knowingly, intelligently and voluntarily. It is the judge’s job to make sure these conditions are met. So if a Motion to Withdraw Guilty Plea is filed, it is an attack on the judge’s ability to determine if the defendant knew what was going on. And it is possible, of course, to have the same judge rule upon the Motion as the one that took the guilty plea.
Pleading not guilty is a good idea even if the defendant knows and understands he is guilty of some, but not all of the offenses that have been charged. Many times I have taken a case where a defendant pleaded guilty to one or two of the charged misdemeanors, and not guilty to the others hoping to have them dismissed as part of a plea bargain. Well, the essence of a plea bargain is giving something to the State in exchange for the State giving something to the defendant. Usually all the defendant has to give are his guilty pleas. So why hand over all your pleas before a bargain is on the table?
When a defendant is at his initial appearance, the best idea is to plea not guilty, at least to take a few days to think it over and possibly contact an attorney for advice.