Can my son change his plea after his arraignment?
Full Question:
My son was charged with negligent driving for hitting a stopped vehicle because he said he was looking at his cell phone. He pleaded not guilty [against my advice]. They are now charging him with reckless operation. Can he now change his plea?
04/20/2009 |
Category: Criminal ยป Pleas |
State: New Hampshire |
#16065
Answer:
Unless there is a very good reason to do otherwise, a plea at arraignment should always be “not guilty”. Even if a defendant feels he is guilty, he should still plead not guilty until after an opportunity to consult with a lawyer or think it over. A guilty plea can always be entered later. A defendant has the right at almost any time to change his or her plea from “not guilty” to “guilty.” It is not usually possible, however, to change from a guilty plea to a not guilty plea. Once a guilty plea is entered, it usually is permanent. Usually, to be allowed to change a guilty plea, it must be shown that there was coercion, deception, or other misconduct that prevented a voluntary plea from being made.
