Are Character Witnesses Allowed at an Arraignment?
Full Question:
Answer:
It will be up to the judge whether you will be allowed to speak at the hearing. You can write character references for the defendant, along with any other references he may have, to bring as letters of reference for the court to read. A no contest plea has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
A nolo contendre plea in a criminal case may not be used against the same person in a civil suit based on the same facts. Therefore, if you were sued later in civil court for damages, it would not be used as an admission of guilt. However, it may be required to be disclosed on certain applications, such as an employment or insurance application. Both a gulty plea and no contest plea may appear on your record as a conviction. If it was accidental and no criminal intent was involved, a not guilty plea may be made.
Unless there is a very good reason to do otherwise, a plea at arraignment is typically recommended to 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.
In some cases a judge will grant a deferred or withheld adjudication, which imposes certain probationary conditions to a dismissal of the charges. If the defendant successfully completes the terms of probation, and the charges are then dismissed, that person can truthfully answer no if asked whether he/she was ever convicted of that crime.
Generally, it is recommended that a defendant appear on time, dress appropriately, address the court with respect, don’t interrupt the judge, and keep answers brief and to the point. We are prohibited from giving legal advice, such as how to plea or what to say at a hearing. We suggest that he consult with a local attorney who can review all the facts and circumstances involved. An attorney who is familiar with the intricacies of the law and the local court will be in the best position to make a recommendation on a plea or negotiate a plea bargain with the prosecutor.
