Define: Primary Plea

A primary plea is the initial response given by a defendant in a criminal case, where they either admit guilt or assert their innocence.

In most cases, yes, you can change your primary plea. However, it is important to consult with your attorney and follow the proper legal procedures to do so.

If you plead guilty, it means you are admitting to the charges against you. The court will then proceed with sentencing, taking into account any mitigating factors or plea agreements.

If you plead not guilty, it means you are asserting your innocence and challenging the charges against you. The court will then schedule a trial where the prosecution must prove your guilt beyond a reasonable doubt.

Yes, you can enter a plea of no contest, also known as nolo contendere. This plea means you are not admitting guilt but are not contesting the charges either. The court will proceed as if you had pleaded guilty.

A primary plea refers to the initial response given by a defendant, while a plea bargain is a negotiated agreement between the prosecution and defence to resolve the case without going to trial.

In some cases, it may be possible to negotiate a plea bargain even after entering your primary plea. However, it is generally easier to negotiate before the primary plea is entered.

If you refuse to enter a primary plea, the court may enter a plea of not guilty on your behalf. This is known as a “plea of the court” and is typically done to ensure the case proceeds.

Withdrawing a primary plea can be more challenging than changing it. Generally, you will need to show a valid reason, such as new evidence or a violation of your constitutional rights.

Yes, it is highly recommended to consult with an attorney before entering your primary plea. They can provide guidance, explain the potential consequences, and help you make an informed decision.