You're supposed to plead NOT GUILTY (even if you did it).
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- Опубликовано: 1 июн 2024
- When you appear for your arraignment, did you know you’re SUPPOSED to plead Not Guilty? If you don’t plead Not Guilty, did you know you could get the maximum punishment?
Chapters:
00:00 - Intro
00:40 - What does it mean if you plead Not Guilty?
01:20 - How are you presumed innocent?
02:19 - Will pleading Not Guilty get your more punishment?
02:52 - True Story from the Courtroom
04:56 - Simple Math CliffsNotesTM
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If you get arrested, and you know you’ve done what you’re accused of doing, are you supposed to plead guilty or plead not guilty?
Let’s set the scene: You’re out celebrating one night with your friends, and you end up having a little too much fun. One drink turns into five, and before you know it, you’re under arrest for Public Intoxication.
Just like anyone else charge with a crime, you’ll have to appear in front of a Judge at an arraignment and you’ll be asked, “Do you plead guilty or do you plead not guilty?”
You don’t want to lie to the Judge, so you consider pleading Guilty. I mean, you were pretty drunk and you were definitely in public. What you do not realize is that you’re about to make a mistake that you’ll regret for years because you’re actually Not Guilty.
What does it mean if you plead Not Guilty?
Contrary to what some TV personalities preach, if you plead Not Guilty, it does NOT mean, “I didn’t do it.” As a matter of fact, it doesn’t even mean, “I’m actually Innocent.”
When you plead Not Guilty, it simply means:
“I want a chance to see the evidence against me before making a decision.” or
“The Government has the burden of proving my guilt, and I’m not doing their job for them.” or
“I want to speak with an attorney and consider all of my legal options first.” or
“I am presumed innocent and I’m not going to volunteer to be guilty.”
The beauty about the presumption of innocence is that you never have to explain to the Judge, Jury, or the District Attorney why you chose to plead Not Guilty.
How are you presumed innocent?
If you’ve watched COPS, you’ve heard the narrator say that “all suspects are innocent until proven guilty in a court of law.” Well, that statement is actually false.
The problem with that statement is when you say until, then you presume that the suspects will be proven guilty in a court of law at some point. It’s like saying, it’s daytime until it’s nighttime. Yes, it is currently daytime, but eventually it will be nighttime.
That’s not how our justice system works. That’s not how any of this works.
According to Texas Criminal Law, all persons are presumed innocent unless proven guilty.
Technically, what the law says is, “All persons are presumed to be innocent and no person may be convicted of an offense unless each element of the offense is proved beyond a reasonable doubt.”
-See Presumption of Innocence. Tex. Code Crim. Proc. Art. 38.03
At this stage of your case, the State has merely pointed a finger at you and accused you of a crime and hasn’t presented ANY evidence against you, much less proved any guilt. Why would you plead guilty to a crime without any evidence?
Will pleading Not Guilty get you more punishment?
Absolutely not! This might seem rude, but it is downright dumb to plead Guilty at your arraignment because you throw yourself at the mercy of a Court that you don’t understand.
This might seem surprising, but THE JUDGE DOES NOT WANT YOU TO PLEAD GUILTY AT YOUR ARRAIGNMENT! I hate using all-caps, but it is that important. It’s like going to the Judge and saying, “I did it, I need to be punished, please punish me!”
The Judge will likely even tell you that it is a good idea to consult with an attorney first and highly recommend against pleading Guilty at your arraignment.
True Story from the Courtroom
If I hadn’t seen this happen with my own eyes, I wouldn’t believe it. At arraignments, our Judge had a practice of providing everyone with initial instructions that he expected everyone to plead Not Guilty so they could have an opportunity to speak with an attorney first. One time I was at an arraignment and a Defendant was about 30 minutes late so he didn’t hear the Judge’s initial instructions when slipped in and sat in the back.
Later on in the morning, Mr. Late Defendant’s case was finally called, so he approaches the bench to answer the Judge. The Judge began, “Sir, you’ve been charged with burglary of a vehicle. The maximum punishment for this crime is 1 year in jail and a $4,000 fine. How do you plead, Guilty or Not Guilty?”
Mr. Late Defendant says, “uhh, Guilty?”
The Judge looks over his glasses and asks, “Are you sure?”
Mr. Late Defendant says, “umm, yes sir.”
The Judge then says...
Music:
All I Am - Dyalla
Music provided via RUclips Studio Audio Library
When I was a kid, TV shows gave the impression that pleading guilty offered a more lenient punishment than pleading not guilty and being found guilty.
That was their goal. Those TV shows are propaganda.
TV shows did and still are doing the same for being bailed. "Kid, your mother bailed you." From Big City Green, with Grandma telling the story of Bill Green first meeting the future mother of Cricket and his sister. And the kid goes home with a disappointed mother. Or the protagonists walk out free, with no trial later down the line.
That's how bailing works, it's basically lets you go home, but you still need to attend the trial. It's not canceled because of bail.
This dipshit is setting you up to fail. What you should do is stand silent and not enter a plea at all. That's how you take out the Prosecution and get your case tossed out entirely.
Cause you see, in 2019 the Fifth Circuit Court of Appeals ruled it is perfectly legal for the Prosecution to withhold exculpatory evidence prior to a defendant entering a guilty plea.
However, per Marbury v Madison the Constitution of the United States is lawful law and not a set of principals.
Meaning this -- said ruling from the Fifth Circuit is Unconstitutional as it violates your Constitutional Rights under the Fifth, Sixth, and Fourteenth Amendments so you do not incriminate yourself, see all the evidence against you, face your actual accuser in court, and etc. -- Otherwise known as your rights to Due Process. This is PROSECUTORIAL MISCONDUCT which AUTOMATICALLY triggers a MISTRIAL.
Here's what they don't want you to know -- in a criminal court "The State" or "The People" cannot legally represent a plaintiff. They are a corporate entity and not allowed to legally practice law. The person - the man or woman - accusing you of the crime must be the one to file.
Know your rights and don't listen to these clowns who are in it for the money instead of true freedom and justice.
That's how it works 😊
@@keres993 I don’t think that’s likely true in any case. These shows are written by people who likely have no idea how court rooms work and just need a nice moral to teach kids about how it’s good to tell the truth. It really isn’t deeper than that.
I was pretty young and got pulled over with too many people in my car. Turns out one of them had a half full bottle of rum on them that they decided to shove in between the back seats. The cops find it and issue me a ticket for open inbox and failure to yield. Fast forward to court and the DA tells me she'll drop the failure to yield if I plead guilty to open intox. I told her it wasn't mine, she said it didn't matter because I was in control of the vehicle. So I did. The judge asked why I was driving with open intox and I told him I was unaware of it being there. Judge decided to change my plea for me and I went home with no charges because they were unable to produce a police report. Never admit guilt.
The problem there is the US' really perverse incentive system for the judicial arm, and some really ridiculous laws (like just being in a car with an open container... Wtf?)
Also it is ridiculous how much they try to make plea deals in the US as well... Frankly should be illegal... You shouldn't bargain with people's freedom and records...
@@SioxerNikita it’s about the $
@@TheJmsJose97 It's about the US really perverse incentive system for the judicial arm, not just the "$".... far more complicated.
So if I'm the chauffer for a bunch of people after a party and they're drinking. Me as the driver, I can be arrested ?
@@KidArkx no. Especially not in a limo. They have a separate license. But not even for regular vehicles. That's why the magistrate put in a not guilty pleasure for me and sent me to see a judge.
If you plead guilty you are going to be convicted.
That's an absolute fact!
If you plead not guilty, you're going to be convicted. Either way, you lose
A guilty plea is the same as a conviction after trial.
Of a lesser charge most likely. Never listen to a lawyer unless you've already hired him
And the law requires you to be given the highest sentence as well if you plead guilty. The case is settled, you no longer have attorney representation even if you have one
Pleading Not Guilty is not equivilant to a lie. and your NOT GUILTY plea can't be used against you. but your GUILTY plea CAN BE, and very easily.
Well put!
This dipshit is setting you up to fail. What you should do is stand silent and not enter a plea at all. That's how you take out the Prosecution and get your case tossed out entirely.
Cause you see, in 2019 the Fifth Circuit Court of Appeals ruled it is perfectly legal for the Prosecution to withhold exculpatory evidence prior to a defendant entering a guilty plea.
However, per Marbury v Madison the Constitution of the United States is lawful law and not a set of principals.
Meaning this -- said ruling from the Fifth Circuit is Unconstitutional as it violates your Constitutional Rights under the Fifth, Sixth, and Fourteenth Amendments so you do not incriminate yourself, see all the evidence against you, face your actual accuser in court, and etc. -- Otherwise known as your rights to Due Process. This is PROSECUTORIAL MISCONDUCT which AUTOMATICALLY triggers a MISTRIAL.
Here's what they don't want you to know -- in a criminal court "The State" or "The People" cannot legally represent a plaintiff. They are a corporate entity and not allowed to legally practice law. The person - the man or woman - accusing you of the crime must be the one to file.
Know your rights and don't listen to these clowns who are in it for the money instead of true freedom and justice.
It's a lie if you are indeed guilty.
@@MatthewHarrisLawPLLCCongrats on being a poster boy for what people hate about lawyers. 👍
Okay but what if after you plea not guilty and there's proven evidence and efficient facts by backing up and shown one is or about to be guilty?
Ahh, so it's not "Innocent until proven guilty". It's "Innocent *UNLESS* proven guilty"
For some state attourneys, it's the former.
Personally, I don't think the word "until" implies inevitability, so I'm ok with both phrases
@@ArthurKhazbs It's not about personal interpretation. The word means what it means. What good is language if we can just define words however we see fit, whenever we see fit?
@@darkprinc979 In programming, a "while" loop will continue running *until* its condition becomes false (or is explicitly told to break out of the loop). But ask any programmer if they've ever accidentally written a loop that never terminates, and they'll certainly tell you they have. "Until" doesn't strictly imply inevitability; it's merely a condition which may or may not eventually be met.
From personal experience it is guilty until proven innocent. Playing not guilty just allows you to negotiate a lower sentence whether you did it or not. It's about the money.
I think the real lesson here is don't be late to court
That's always a great lesson to learn! Some people need to learn that lesson a few times. lol
lol.
An even better lesson, don't do anything that can result in you having to be in court to defend yourself.
@@The_Wailing_Doom That can always happen if you are alive. Also if you lock yourself into your room for a misunderstanding. But generally, if you are a living being, you have to do something to sustain yourself. Action is mandatory, not optional in life. Nowadays we work for that, but you still have to go out and meet other people. And then things can happen. If you want it or not.
or don't do crime
That judge was a real one..much respect to him
He is a lawyer not a judge
@@Retroist2024 He's talking about the judge in the story the lawyer tells towards the end of the video.
He really was a fantastic Judge. I had the privilege of clerking for him while in law school and learned a lot about the humanity of practicing law.
Thank you,yes thats right.
a real what......judge???
Well yeah,.........that's why they call him a judge......🙄
I agree with everything he is saying! Cop told me decades ago to always plead not guilty! Where I disagree with the justice system is you are "presumed" to be innocent until proven guilty! You are arrested and booked and jailed and your name is read out to the public over the radio the next day. Then when you go to court and are found innocent you have to pay to have your record expunged! How can that be a presumption of innocence? The radio should announce you were found innocent and your record should be expunged and your fingerprints should be shredded! Then you should be paid for any time in the slammer! Then I would say that is presumed innocent! The system is corrupt!
💯
The system is ABSOLUTELY corrupt and FAR from what the Founding Father's put in place. The judges profit from cases and funds go in to slush accounts for their retirement. The prison system and those who run it also profit from warehousing people.
I agree, it's supposed to be innocent unless proven guilty, but the way things end up is it's guilty unless proven innocent and you're on your own to clean up the defamation of the charges.
If You're not convicted, any record of arrest should automatically be expunged in every state. I was arrested 16 years ago in Florida. The case was dropped and I never even had to appear before a Judge, However, the arrest is still on my permanent record. I petitioned the Court to expunge the arrest and I am still waiting.
@@seveglider8406 A lot of people don't realize that simply being arrested can prevent you from getting a job or housing regardless if you were convicted of anything.
Why would you punish someone harder who is willing to come clean and own up to their crime? What a fucked up "justice" system.
He said he was faking it to scare the guy. Realistically, after you talk to a lawyer, they give you a gamble between pleading guilty and getting a smaller punishment, and pleading not guilty and getting away with it if you win or getting the max punishment if you lose (or a punishment at all if you didn't do it).
@@ninjaguyYT But that's the point. The judge did that because the entire system is fucked up like that.
@@Fircasice because you're supposed to defend yourself to have a justice system of peers and not benevolent overlords punishing the wicked lowly peons. A justice system is born out of conflict
It's the same as when 90% of people support the ruler in a democracy, that's not a democracy
You can plead not guilty and own up to your crime
Exactly. I run my schools Dean's office differently. I expect you to admit guilt and come clean, then discuss ways we could've handled the situation better, come up with a restorative practice, give a lesser consequence, and set a follow-up date. I don't see many repeaters.
I tell my son if he ever in trouble shut his mouth and the only thing he saying is "I ain't saying nothing, call my dad/lawyer."
When he turns 18 hope you tell him to just say call his lawyer even if that phone number is yours because I’m tired of seeing grown as men being arrested telling the cops to call mommy/daddy
@@jameskelly945I find it funny that you consider an 18 year old to be "a grown ass man"
If your kid ends up arrested for something, let them call you. Doesn't matter what age they are, they're still your kid and they're asking one of the people they know best for help.
Double negative 🙄 so you're telling him to say everything
Well you better tell him to not conceal his identity and show ID when ask at least since concealing identity is a charge that can easily lead to arrest
@@rickc303 No, it's negative concord.
I've had a judge refuse my guilty plea and enter a not guilty on behalf until I actually had an attorney two weeks later as the first one refused to take my case
How is that legal?
@@shure81if it isn’t, it just shows how absurd our system is, that a morally correct thing is illegal
@@kingofgrim4761Ye waste tax payer money and court time for REAL cases. Stupid
@@shure81because a not guilty plea preserves the rights of the accused. A not guilty plea can easily become a guilty plea later on after the accused has spoken to a lawyer
@@kingofgrim4761 I'm not an attorney but as I understand it judges have a ton of discretion on how they run their courtroom and what they allow and don't allow.
"When the going gets tough, you don't want a criminal lawyer. You want a CRIMINAL lawyer."
- Breaking Bad
jesse
so always always always plead innocent at the beginning of the court for your issue because as my boss found out when he chose to do that over pleading guilty on speeding because he won simply by showing up for court to plead innocent because he won simply by showing up to court and yes I am serious he won just by doing that nothing else
@@raven4k998 This story sounds really cool, but the story is overshadowed by the lack of punctuation 😅 also, you said because 3 times in the same sentence, and the last time, you just repeated what you said after the previous "because"
So always, always, ALWAYS plead innocent at the beginning of court for your issue. As my boss found out- etc
OR
So always, always, ALWAYS plead innocent at the beginning of court for your issue because, as my boss found out- etc
It seems like (I just noticed this) you used "because" in the place of punctuation, so a little tip. You can use commas, to indicate a brief pause, to take a breath (imagine you were speaking), or when you're listing things. Another way I like to use it, and you don't have to do this all the time, is to use commas to enclose something that the sentence would be fine, without the existence of, but you just wanna add it in there (almost like an alternative to parenthesis). For example, that "and you don't have to do this all the time" is technically unnecessary. You could skip over it, and the sentence would still make sense. "Another way I like to use it, is to use commas to enclose something that the sentence would be fine, without."
Anyways, I'm no grammar expert, but the way I find is most effective, is to say the sentence in my head, and whenever I pause, or want to seperate something in my head, I place a comma there. Next thing I need to learn is when to use periods instead of commas though, because I sometimes feel like I make REALLY looong sentences because I use a bunch of commas, instead of seperating thoughts with periods 😅
Ohhh also, I like to use emojis or "lol, lmao, xD, etc", instead of periods sometimes, and it seems to work.
Hope this unsolicited advice helps, or at the very least, doesn't annoy you to death 😂🥰
@@SomeoneSomewhere42069 nice speech cutie🤣🤣
@@raven4k998 Did it help though? 🥹 Also, don't flirt with me or I WILL fall for you 😠
Just watched a documentary about 2 guys who got felony murder charges because they were at the scene when someone was shot and killed. One pled guilty and one didn’t. Through appeals it was decided the situation didn’t equal felony murder. The guy who pled not guilty was released…the guy who pled guilty is doing serious time with no options because he already pled guilty.
More people need to hear stories like this. I took a plea bargain I shouldn’t have in 1996 and it has absolutely ruined my life.
@@danieldaniels7571 go ahead . Tell us about it .
@@danieldaniels7571 You can't keep us hanging like that 😅
Have court soon for 2 counts of felony theft 2nd degree from my ex place of employment that i 100% DID NOT DO. I am terrified i am going to be found guilty based off of the lies from my previous employers and have been researching EVERYTHING. i am SO glad i came across your videos!
You're welcome! Just make sure to get an attorney to help you navigate these serious charges.
Good luck buddy.
That's why felons deserve rights. You could become a wrongful felon.
You can know that any "charges" filed are not filed under oath by one authorized to administer oaths. We have had cases dismissed for failure to prosecute due to this.
@@freegee3503 *Could you please elaborate a little.*
Idk. When I was arrested I talked to the States Attorney before the court date. We made a deal that if I plead guilty I’d be placed in a diversion program. I did that and my case was dropped and now I have no criminal record
Exactly!
Isn’t that a pleaded deal? That’s where you say, I’m guilty exchange for a lesser sentence.
That's a plead deal. But if u would of pleaded not guilty u could of been dismissed completely
@@w.e.s. that's only a possibility, your roiling the dice.
Pleading innocent and plea agreement is different. A plea agreement is you admitting to something lesser than what they could prove in totality. Usually if you know or feel that they have enough evidence to get you the maximum amount of time in a trial, then you’ll enter a plea agreement. Now if you plead guilty without an agreement on the table, at that point they can do whatever with you because you admitted you did the crime so they don’t have to present evidence or go to trial (not sure if it still can go to trial) I’m sure they can just keep straight to sentencing.
In Sweden the court still have to prove that you are guilty even if you say that you are. The reason why is because you might be innocent to the crime even if you belive you are. Also, they don't ask you to plead guilty before you have seen the evidence. There is no wonder why there are so many Americans in prison
I’m glad the judge let him change his plea. In a different country I was recently cleared by the persecutor office of some serious crimes I didn’t do after nearly half a year. Most importantly don’t say shit during your interview
Wow! That had to be pretty terrifying to go through, especially in a foreign country. Not that it would have applied in your situation, but we actually have a video coming out soon about how you actually don't have the right to remain silent in the U.S.
@@MatthewHarrisLawPLLC I’m a grad student at UCL ironically studying crime science and this situation is why I applied to and was very swiftly accepted to a law masters at kings college London to fulfil the educational requirements to become a qualified solicitor applying for training contracts now. I wasn’t certain if I wanted to become a lawyer. I’m American and studied as many law classes as I could where I finished my undergrad which also has a 2 year JDs for foreign law degree holders.
But as an American who’ve dealt with being falsely arrested in the UK and the US, you do have far more rights in America, that Americans should not take for granted. UK was recently downgraded in civil freedoms rankings now below the US, because of the police and government. For what I was falsely arrested if I wouldn’t had been deprived of my cellphone and computers for 6 months, although the search must’ve been finished by the time it went to the prosecutor, I had discovered my university wouldn’t cooperate with police in giving them contact info on me after making me move, and also trying to illegally bill me twice the rent when it’s against their own rules and regulations. There’s someone in administration who really hates me it took legal threats to get this finally resolved, and he was not happy of the outcome of my case so I was only notified of being cleared after filing a complaint against my arresting officers which had provided my email to the police, and when they responded to my complaint they contacted me to my case officer who explained how they’ve been trying to get in contact with me, they had been in contact with my university as they couldn’t contact me. I was explicitly told they police would have my new address since my university took action against me without giving me due process. Unfortunately I was cleared 10 days before my assessments. It would’ve been real nice to have had that load lifted off my shoulders at that time.
@@MatthewHarrisLawPLLC Thank the supreme court for that ). Honestly It really contradicts ones miranda rights and 5th amendment rights depending on the case by case situation . Civil and constitutional Rights are being eroded in America every year and not for the better for citizens.
I think this video could have really benefitted from explaining what an arraignment is
A lot of people are going to remember this video as "never plead guilty under any circumstances, or at any point in the process". But I'm pretty sure it's really talking about a specific situation, right at the start of the process, when you haven't seen a lawyer yet
And yeah, I'd say that was fairly clear, except it seems to assume that I know what an arraignment is, and where it happens in the process. It treats that stuff as a clear, well-understood and already-established fact, without taking the time to actually establish it
Some of us didn't understand that stuff up front, and that makes it a lot easier to get mixed up
Ah, this is my forever struggle. There is SO much more information that I want to include in each video, but I have to make cuts just for the sake of time. This is a fantastic idea for a future video though. Thanks!
In other words honesty is not the best policy as proven time and time again.
How is it honesty if you're not guilty
@@joe5923 Being stupid is so manly.
@@user-uq9oe7sc5m repentance is one of the pillars of christianity, they print "in god we trus" on dollar bills but recommend you to always plead not guilty in court - that has nothing to do with being stupid or many, it's hypocrisy
@@user-uq9oe7sc5mIn other words, believing in justice is stupid.
@@joe5923 You should watch the video again. It's not dishonest as it's not a question of if you did it or not, it's a question of if the state can prove you guilty or not. Pleading not guilty is not the same as pleading innocent. If you want to "take your deserved punishment like a man" you take a plea deal that you work out with the prosecutor.
The interpretation suggesting that the phrase "innocent until proven guilty" assumes eventual guilt is incorrect. The use of "until" in this context does not predict or assume that guilt will be proven; rather, it establishes the condition under which a person’s status could legally change from presumed innocent to guilty.
Yeah, but I still do like the word “unless” more. “Until” can still have the connotation that one will eventually be found guilty, “unless” leaves less to the imagination, I guess
@@brianless103 Yes, I think using unless would be more correct. They may have just gone with the word until because then the sentence flows off the tongue better.
“I’m Guilty “ of watching your video Matthew ! 👍
😃 I think you're a repeat offender!
🙂
Since you are pleading guilty, your punishment will be a lifetime of channel subscription and a fine of one like under the video
Wow this was insightful ...I always thought pleading guilty means the person gets a guaranteed lesser than max sentence and saying not guilty and being proven guilty gets the max sentence.
That would only apply if you have a plea deal - and it' sa good idea to accept one if you (or lawyer) knows the evidence against you is overwhelming and odds are not in your favour - prosecutors want it over with and don't want a lengthy trial, they have so many cases anyway. So there are times when you don't want to accept one and times where it's your best choice. If you have a good defense lawyer, he/she should know best.
@@jimmydandy9364 Thanks, good to know. Hopefully would never need it :)
I think you're one of the smartest lawyer on RUclips.
Aww, you're too kind! I'm just doing my best to educate the public.
Lol, no, he is one of the dumbest.
This dipshit is setting you up to fail. What you should do is stand silent and not enter a plea at all. That's how you take out the Prosecution and get your case tossed out entirely.
Cause you see, in 2019 the Fifth Circuit Court of Appeals ruled it is perfectly legal for the Prosecution to withhold exculpatory evidence prior to a defendant entering a guilty plea.
However, per Marbury v Madison the Constitution of the United States is lawful law and not a set of principals.
Meaning this -- said ruling from the Fifth Circuit is Unconstitutional as it violates your Constitutional Rights under the Fifth, Sixth, and Fourteenth Amendments so you do not incriminate yourself, see all the evidence against you, face your actual accuser in court, and etc. -- Otherwise known as your rights to Due Process. This is PROSECUTORIAL MISCONDUCT which AUTOMATICALLY triggers a MISTRIAL.
Here's what they don't want you to know -- in a criminal court "The State" or "The People" cannot legally represent a plaintiff. They are a corporate entity and not allowed to legally practice law. The person - the man or woman - accusing you of the crime must be the one to file.
Know your rights and don't listen to these clowns who are in it for the money instead of true freedom and justice.
I DIDN'T EVEN GO TO LAW SCHOOL OR GET A BAR CARD AND I KNOW THE LAW BETTER THAN HE DOES.
@@MatthewHarrisLawPLLC how can I hire you
It’s so annoying hearing people get outraged when people plea not guilty.
Preach!
imagine being a curious lawyer and your case is getting closed just because man said "nah i'm guilty"
There's a piece of dialogue from Little Britain.
"What's the one where you done it?"
"Guilty."
"What's the one where you done it, but you don't want anyone to find out?"
"... not guilty."
Huh... I literally came here from a Little Britain video
This is good advice. I also want to add that if you are being sued for a civil matter like credit card debt, I’ve found it is best to deny some or all the allegations when you answer the complaint. I’ve been sued for credit card debt in the past and beat a couple of the lawsuits pro se by doing this starting off.
As the video states, plead not guilty in a criminal case. In a civil suit, deny the allegations in the complaint. Make the plaintiff prove their case!
Pleading guilty is telling everyone you deserve jail time, as opposed to continuing the argument and demonstrating opposed people your innocence.
“Just because you did it doesn’t mean you’re guilty.” - Larry Archie Esq.
I mean they lock people up for possession of plant material...
Guilt, innocence, neither have anything to do with American "justice".
Says OJ
@@Lcr38 Dude, he’s dead. Time to move on?
@@notabannedaccount8362 lol no one will ever move in from OK
@@notabannedaccount8362 agreed
The Founding Fathers believed that due process is more important than any conviction.
Now they skirt around due process by deceiving people in to being a "defendant" and agreeing to the court's rules when the person charged never needed to.
This dipshit is setting you up to fail. What you should do is stand silent and not enter a plea at all. That's how you take out the Prosecution and get your case tossed out entirely.
Cause you see, in 2019 the Fifth Circuit Court of Appeals ruled it is perfectly legal for the Prosecution to withhold exculpatory evidence prior to a defendant entering a guilty plea.
However, per Marbury v Madison the Constitution of the United States is lawful law and not a set of principals.
Meaning this -- said ruling from the Fifth Circuit is Unconstitutional as it violates your Constitutional Rights under the Fifth, Sixth, and Fourteenth Amendments so you do not incriminate yourself, see all the evidence against you, face your actual accuser in court, and etc. -- Otherwise known as your rights to Due Process. This is PROSECUTORIAL MISCONDUCT which AUTOMATICALLY triggers a MISTRIAL.
Here's what they don't want you to know -- in a criminal court "The State" or "The People" cannot legally represent a plaintiff. They are a corporate entity and not allowed to legally practice law. The person - the man or woman - accusing you of the crime must be the one to file.
Know your rights and don't listen to these clowns who are in it for the money instead of true freedom and justice.
@@freegee3503the court's rules are about keeping the trial orderly and fair. The problem with a guilty plea is that you're essentially admitting to the court that the facts are true and that you don't need to face your accuser. Because of this it removes your ability to appeal most issues with your trial. Under limited circumstances you may be permitted a conditional guilty plea in order to preserve your right to appeal on a specific issue.
@@freegee3503you have to follow the rules of court
Or you would rather be a fugitive instead of standing for trials
@@Retroist2024 That is what they would have the people believe but the system operates on commercial law and if one applies it properly, granting the court jurisdiction can be avoided and also having to follow the court's rules. 👍
In St. Louis if you get locked up at county they tell you when you see the judge plead not guilty and if you can't afford an attorney one will be appointed for you. So I totally agree. It's just the beginning of the process with more court dates to come.
When an attorney tells you to plead not guilty, you know the system is gully roghed against the people.
If you plead not guilty, that's more billable hours for your attorney. They will usually only advise that you plead guilty after reviewing the evidence and deciding you have no chance of escaping conviction, so you should take a plea deal or something. In capital cases, it's pretty common for people to plead guilty to avoid the death penalty.
Not at all. Presumption of innocence is very deeply engrained in British and American law. A "not guilty" plea is the best choice unless you are getting competent counsel.
@@user-pn4py6vr4n If you plead guilty straight away there's no reason to charge you with less.
@@flagmichael That means people shouldn't admit that they did something wrong even if they did. Which is not right.
It's just a play with words - judge is not asking "Did you do it ?" he's asking what do you plead. It's more of a "yyyyyyyyyyyyeah I did it but I want a full trial and see what my options are, I wanna roll the dice and let the state do its job, and see if I can get away with it or a lesser sentence" VS. "I plead guilty, I don't want to no trial send me to jail for the rest of my life, I don't care about my options" :P Well the rest of my life is a bit extreme, but yeah, if you plead guilty, you get the full sentence allowed by law, it's done deal, not guilty is letting the system prove your guilt with evidence, it's their job. though if you are a killer and have a guilty conscience and want to go to jail and do your full sentence, that's another thing, BUT STILL, if you plead not guilty and used your 5th with cops and interviews, and there is not enough evidence, you may actually get away with it, but that still makes you an arsehole though if you truly did it :P
I hope I never end up in the hot seat. But If I do, this is very helpful. It is very plain and to the point. Thank you!
Thank you! I hope you never find yourself having to plead either, but now you have confidence on what to do if the need arises.
I'm having a blast going through your videos! So much info and you are a wonderful speaker! Thanks for your channel!
Thank you! I really do appreciate the kind words and I most certainly appreciate your viewership. I'll work hard to earn your subscription with every video. 😁
A long time ago I was at my first quarter appearance for a theft charge. I didn’t want the case to carry on and have to come back six months to a year to deal with it so I thought let me just plead guilty so I did. The judge said you probably shouldn’t do that, I told him I was guilty and wanted to take accountability for it and he again said this is not the time to do that. I told him one last time I plead guilty. He then asked me why shouldn’t I send you away for a really long time? I told him that I had a drug problem and I needed help. He ended up sentencing me to 21 days in the county so it actually kind of worked out for me because I did my 21 days got out and did not have to worry about probation or parole or any other crap. But I would not recommend it and if I had to do it over again I would have pled not guilty
When was that in the 1800's ? :P We are in 2024, times have changed..........Depending on the actual case and crime, some judges might actually be happy you did plead guilty, but they won't say it out loud.
@@jimmydandy9364 Back in like 2010 in Jersey 🤷♂️
Thank you. I always telling my friends two things never plead guilty because even if guilty it isn't in your best interest, and two hire a lawyer public Defenders are overloaded with cases so a lot of them convince you to plead guilty for a reduced sentence. My brother DUI would have not his first time but he stopped drinking now. He would have seen jail but instead was just ordered to move home under our supervision because hired a lawyer who focused on his case.
This is a great video and should be mandatory viewing for every citizen of the USA. I haven't heard this point put this succinctly, perhaps ever?
Thank you! 😊
Wish I knew this before I hired an incompetent lawyer that talked me into signing a plea deal. None the less his license got pulled from the bar for ripping off other customers as well.
A plea deal is very different from pleading guilty before your case has even gone to trial. A plea deal is worked out with the prosecutor.
@@RandomCarrot2806 Yes I know this.
@@AmericanFarmerHVAC2024 But then your comment is completely irrelevant to the video. Pleading guilty versus taking a plea deal aren't the same thing.
@@RandomCarrot2806 pleading guilty is pleading guilty. Deal or no deal. That was my point. Go be an irrelevant asshole somewhere else.
Isn't that what most do anyway (allegedly) ? :P
Thank you! I'm over 50 and nobody's ever explained this to me.
Sooo what this just did was give somebody somewhere more faith, hope, and wisdom as he/she stare in the face of what feels like an impossible situation to outlive. Bless you for that.❤🙏🏾💪🏽😊
In Victoria, Australia, pleading guilty to an offence means that the judge/magisgrate has to provide a discount when sentencing, which means that you won't receive the maximum sentence. If you plead not guilty, you can change your plea at any time as the matter progresses through court, but the discount becomes less substantial over time.
I can't recall how this discount is calculated, but I know that it does give people an incentive to plead guilty and free up court space for other cases.
Australian courts are messed up, providing a discount on sentencing to plead guilty early means you do not get a fair trial and coersion. It's only worth it if you are offered and guaranteed a section 10 non-conviction which is extremely hard to get.
@@patrickherb4670 Can you explain why it would be unfair?
Great advice! A person needs to know this type of information
Thank you so much for making this advice open and free for everyone
You are so welcome! It is an honor to educate.
This happened to my dad recently. He was caught driving without insurance (he accidentally left it at home). At the court, he decided to plead guilty, since he thought it wasn't such a big deal, and he would probably just get a small fine and didn't want to waste judges time.
The judge threw the book at him. He was given a 400 dollar fine, and 1 year probation, that if he violates he'll have to go to jail for 30 days.
Completely insane compared to the guy who came in before. That guy forcibly broke into someone's car and stole it, and was drunk too, and ended up driving into a light pole, totalling the car and destroying the light pole. His only punishment was like 100 hours of community service. Completely insane... my dad can't even get a job right now because he's on some criminal registry, all for driving around the block with no insurance.
I feel he should try to appeal under the 8th amendment, because this certainly seems excessive to the point of being cruel
I actually know someone that was DUI and crashed but his Not Guilty plea actually helped lessen his sentence.
Thank you for this advice. It’s really useful
Thank you!
Thank you! This was super informative. I love your channel.
❤️ Thank you! If you have ideas for future videos that you'd want to know more about, we're always interested in ideas! We appreciate you watching. 😊
CONSTITUTIONAL LAW 101 - DUE PROCESS What is “Due Process”?
TO: all County Sheriffs and all U.S. Marshals FROM:
cc: all Federal and State elected and appointed servants RE: Your Duty to know and enforce the Law
DUE PROCESS: “No person shall... be deprived of life, liberty, or property without ‘due process of law’;
[5th Amendment] a similar provision exists in all the state constitutions; the phrases ‘due course of law’ and
the ‘law of the land’ are sometimes used; but, all three of these phrases have the same meaning; and, that
applies conformity with the ancient and customary laws of the English people or laws indicated by
parliament...” Davidson v. New Orleans 96 U.S. 97, 24, L Ed 616.
“‘Due course of law’ is a phrase synonymous with ‘due process of law’ or ‘law of the land’ and means law in
its regular course of administration through courts of justice.” Kansas Pac. Ry. Co. v. Dunmeyer 19 KAN 542.
JUSTICE: “In the most extensive sense of the word, it differs little from virtue for it includes within itself the
whole circle of virtues; justice, being in itself a part of virtue, is confined to things simply good or evil.”
Bouvier's.
AT LAW: “This phrase is used to point out that a thing is to be done according to the course of the common
law; it is distinguished from a proceeding in equity [under statutes].” Blacks 4th
.
COURT OF LAW: “...a court proceeding according to the course of the common law and governed by its
rules and principles as contrasted with a ‘court of equity’ [statutory court].” Blacks 4th
.
“Law in its regular course of administration through courts of justice is due process.” Leeper v. Texas, 139,
U.S. 462, II SUP CT. 577, 35 L ED 225.
“It is not a little remarkable that... this provision [due process] has been in the Constitution for the United
States’ 5th Amendment as a restraint upon authority.” Lent v. Tillson 140, U.S. 316,10SUP. Ct. 324, 33 L. ED 722.
“Due process of law and the equal protection of the laws are secured if the laws operate on all alike and do
not subject the individual to an arbitrary exercise of the powers of government.” Duncan v. Missouri, 152, U.S.
382,14 SUP. CT. 570, 38 L. ED. 485.
“The general rule is that an unconstitutional statute, though having the form and name of law, is in reality no
law; but, is wholly void and ineffective for any purpose since its unconstitutionality dates from the time of its
enactment... In legal contemplation, it is as inoperative as if it had never been passed... Since an
unconstitutional law is void, the general principles follow that it imposes no duties, confers no right, creates
no office, bestows no power or authority on anyone, affords no protection and justifies no acts performed
under it... A void act cannot be legally consistent with a valid one. An unconstitutional law cannot operate to
supersede any existing law. Indeed insofar as a statute runs counter to the fundamental law of the land, the
Constitution, it is superseded thereby. No one is bound to obey an unconstitutional law and no courts are
bound to enforce it.” Bonnett v. Vallier, 116 N.W. 885, 136 Wis. 193 (1908); Norton v. Shelby County, 118 U.S. 425
(1886).
CONCLUSION: All rights are protected by due process which is the restraint upon government. It is the duty
of the Sheriff & U.S. Marshal to make sure due process is met before incarceration; and, to recognize when it
is not. All village, town and city courts which proceed according to statutues are not common law
Constitutional courts. Any State or Federal Court proceeding upon statutes instead of Law are acting under
the color of law; and, all officers in such courts are acting in concert and are guilty of felony conspiracy. It is
the duty of the Constitutional Law Enforcement Officer, a/k/a Sheriff or U.S. Marshal, to arrest the officers
acting under color of law; and, to seek an indictment. Failure to do so is felony rescue.
Love a tough, but merciful judge!
Very good and informative video. I hope no one ever needs this advice but if they do I'm glad you're informing us/them
Great job, Matthew!! 👏 👏 👏
Thank you! That was a true story from my first year of law practice. Just a WILD day in Court. lol
Superb may god bless you for all the noble work you are doing
Thank you! It is an honor and a privilege to educate. 😁
You are correct, I've worked in LE with the courts for over 25 years. It's amazing how many people have asked to be guilty at their arrangements and the judge had to admonish them. The only rime you plead guilty is if a plea deal has been worked out and you're not going to a jury trial.
Well said!
Great advice Matthew!! Thanks!
Anytime! 😁
I think it's funny how some people will be shocked when a murderer pleads not guilty. Dude, just because someone was arrested doesn't mean they are guilty.
Well put!
"Dude, just because someone was arrested doesn't mean they are a murdere or guilty of murder"
The term murderer already implies the individual arrested was actually a killer, i think u meant a suspect bro
I just learned something extremely important. Gid bless you Matthew!
Thank you! It is an honor and a privilege to educate. 😁
Thank you for this, you don’t know how this explanation has help. Always brought up to admit my mistakes I’d be the one pleading guilty without consulting legal advice.
Well it's my pleasure to educate and help. 😊 Most honest people are brought up the same way, but the criminal justice system isn't designed for honest people.
There's also a suddle different better doing something that sounds illegal and being guilty of a crime. He mentioned the "every element" requirement
This is a FANTASTIC video!!!
You are too kind! Thank you for the words of encouragement and the vote of confidence. 😍
Everyone talking about plea deals, look up what the word 'arraignment' means. The plea deals are offered at a later court date as far as I know. I'm not a lawyer but I am pretty certain of this, so correct me if I'm wrong.
This is a really good lawyer with really good advice!! Thanks!
This is good logical reasoning and therefore is good legal advice.
Once again, punished for being honest.
Pleading not guilty while knowing to be guilty isn't being dishonest. It's a plea, not a statement. The questions isn't to be understood as "Are you guilty?" but as "What do you want the judgement to be?" So unless you *want* to be judged as guilty, "not guilty" _is_ the honest answer.
@@zTJq40sl No, words have meanings. I just checked up the dictionary for « to plea ». A plea is a statement. Saying you are not guilty while you are is a lie. Max penalty without trial & understanding seems odd to me. Judiciary should not ask this question at the beginning (I assume they are after watching this video), but at the end. Or they should change the question.
What about David Packouz? The "War Dog" guy. In the movie is said that he pleaded guilty and only got 7 months in jail time.
Great question! (and great movie) He later pled guilty as part of a plea deal, but not at his initial arraignment. That's why he didn't get a LOT more time. lol
We need more of you out there man!
You are too kind! I'm just one man trying to educate as many as I can because an educated society is a free society. Be sure to share this knowledge with those in your circle. Thank you!
Why do they even let you plead if there should only be one correct plead
Great question! Even though you *should* always plead Not Guilty at your arraignment, you still have the right to decide.
Thank you for the video! I got arrested when I was 15 and I’m going to trial court in April. Now I know more stuff about how the court works and how pleading works. Thank you. I am prepared now. This video taught me a lot. I now know more about my case
Career criminal in the making... 😢😢
"just because you did it does not mean you're guilty" lmao
I actually learned this from a historical source written by a priest in Tudor England. He was discussing whether it was a lie to deny knowledge of the whereabouts of undercover Catholic priests to the agents of the government, and used the Not Guilty plea not being considered a lie as an example.
There are perhaps hundreds of thousands of innocent people in prison right now. There are very few “not guilty” people in prison.
Most likely, about 90% of the people in prison never injured another person. They are political prisoners.
@@freegee3503 it’s pretty sick that non violent criminals are forced into prisons with psycho killers doing life sentences. It’s a death sentence.
This was definitely a good one!!!!
Thank you! ❤️❤️❤️
I know (by getting arrested) that some smaller towns have a "city attorney" that will automatically enter a "not guilty" plea on your behalf, as well as explain the charges against you AND the court process, should you have questions.
The whole idea of plea bargaining really undermines this. Regardless of actual guilt or innocence, a defendant may feel pressure to plea guilty to minimise the risk of a more severe penalty as courts don't always get it right.
That's true but plea bargaining at least involves your defense attorney and involves some concessions from the prosecutor. It's a lot better than just pleading guilty.
The way I see it, if I'm accused of a crime, if I did it, the state still has to prove I did it. I'm not gonna give them a freebee, I'm gonna make them work to convict me if they can.
Might as well, they make $$$$$ off of the cases.
And then you get sentenced to twice the amount of time.
@@randolphdukes5383 There is a limit at which you can be sentenced. That said if it's a felony charge you are convicted of your life is basically over regardless of how long your served in prison. That felony charge will hang over you for a lifetime, fighting against it is your only chance to stay a free man.
@@joe5923 Does it really matter what words people say if the meaning is understood?
Does honesty have any value to you?
This is sick, people's lives shouldn't be played with . Most time ,you then go to court over and over until u get the offer of a plea,, a plea of guilt. Or go in front of a jury, were in most cases found guilty with long years in prison.
It's on real nightmare for both sides.
Woah, that seems really harsh for someone who admitted to fault, and didn't try to get out of consequences. I feel like that deserves at least an ounce of lenience and appriciation from the judge.
Aaand that's what happens when I comment before finishing a video.
LOL. Your follow up comment actually made me laugh. I needed that.
You have the makings of a "Criminal Lawyer".
Good advise
Honestly why wouldn’t they make the guiltily pled automatically the minimum or at least average time you could get. Would save the courts a lot of time.
Well, many crimes do not have a "minimum" time. Also, that would just encourage legislators to increase the minimum time and would defeat the purpose. They gotta pander to those voters!
@@MatthewHarrisLawPLLC Yeah didn't think about the ladder part "hard on crime" would def get worst. And in many ways we have what I am talking about when people make deals with the police somewhat. Does seems like a lot of waste time for everyone envovled none the less though.
If theres no leonecy to pleading guilty, you got to be a fool to do it.
"But your honer free bird was playing" also works
In the British system you can get a reduced sentence for pleading guilty early, also you can plead guilty on a proposed basis where you plead guilty to a less serious version of the crime.
what he said in a nutshell= the judge wants lawyers to get paid so he wants multiple court dates and lawyers. he used to be a lawyer too after all and we gotta keep this scam going.
You should plead guilty next time that you get into legal trouble so that lawyers won’t get paid and put a dent on the scam? 🤷♂️🤣
Yea people are getting paid for doing their jobs on the clock, shocker.
Well observed. This is the actual reason why. Keep trusting those instincts and never mind the gaslighters with motives.
@@pauldeanda4985 the fudge could use his fudge to grease the gears and no automatically give max sentence.
This guy rocks!
Liked and subscribed. I learned a lot in five minutes.
Very interesting. One of the 12 assumptions of court is that you ARE assumed guilty. Google the 12 assumptions of court, and pay special attention to #11 and #12..... It's an extremely interesting read. Great video and Thank You for making it !!
2001 illegal wire taps. 2016 Due process violation
When one is charged with a felony and asked to take a behavioral test and the case will be dismissed. I will like to Know if the person is pleading guilty by taking the text. Thanks
It's a bit more complicated for when I went to court for a speeding ticket.
You go to court and talk to the prosecutor and they cut you a deal.
You don't have to pick right away if you picked the deal.
What people DON'T know is that you can actually wait to see if the police officer comes or not AND THEN pick the deal.
So always wait if you go to court early till all the parties are there.
This is true, when I went to court the Judge told me he wouldn't even accept a plea until I speak to at least a public defender.
I love this! I had to sub
Thank you! There are plenty more in store, so stay tuned! 😁
A person is presumed innocent unless proven guilty. Not until proven guilty. Got it!💯 Thanks for the info.
Thank you! It is an honor and a privilege to educate. 😁
I’m guilty of subscribing, thanks for educating us about innocence presumption
Thank you! It is an honor and a privilege to educate. 😁
As an European I'm confused
It's baffling that a Judge would give maximum punishment on purpose when a plead of guilty simplifies his job.
How so? If you are not going to bother with getting an attorney and working out a plea deal with the prosecutor or make your case for either being innocent or the mitigating circumstances there might be to a jury for a reduced sentence, why should the judge do the work of trying to figure out what sentence you deserve? You are giving them nothing at best, and at worst come across as either not caring or trying to play them with the guilty plea.
@@RandomCarrot2806 It is (or at least should be) the Judge's job to figure out what happens and give a fair sentence. A plea of guilty is just a "Yeah, I screwed up, let's get this over with".
@@1Maklak And a max sentence is a fair one if the defendant can't even be bothered with the process.
An attitude of "lets get this over with" doesn't exactly scream remorse, nor rehabilitation.
Also, it's not the judge's job to figure out what happens or give a fair sentence, it's their job to apply the law and make both sides play by the rules of the court.
@@RandomCarrot2806 That's just nonsense. "Guilty as charged" screams remorse and "Not guilty" does not.
@@1Maklak No it doesn't. It screams "I did it, so what?"
great exposition. thx
But if you're guilty and say you're not, aren't you lying? If so, isn't lying punishable by law too? This got me thinking
Great question! Entering a Plea is not "testimony" as it is merely a legal position. Since you are placed under oath, and you're only stating a legal position, you are not committing perjury or giving false testimony.
Glad to make you think! ☺️
@@MatthewHarrisLawPLLC nice!
Is it better to plead not guilty or answer with nolo contendre
Definitely Not Guilty. Nolo Contendre (no contest) allows the Judge to immediately punish you as though you had pled guilty. Remember, at this stage (arraignment) you haven't yet seen any of the evidence against you and you also likely haven't had a chance to consult with an attorney yet.
NOT GUILTY! PROVE IT!
Thanks for this
Wow that's very different from my country But I also live in a place where three courthouses is responsible for over 500,000 People so the judges are always busy so a simple charge can take up to a year before your trail even looks like it may happen
Story time: Years ago, I was arrested for an assault. My first court appearance, I looked at the judge and I said,
"listen, I know you don't wanna see me once a month for the next year. You're busy. What will you do if I say I'm guilty right here today"?
She looked at me and she said "if you're willing to put that on paper, I will give you 6 months unsupervised probation. That is also conditional, meaning that if you can last the six months without getting in trouble again, it won't even be on your criminal record".
I'll admit I didn't trust her at first, because you know what these people can be like. But I like to give people the benefit of the doubt. So I said shag it, I'll roll the dice. I did it. Now I'm free to travel the world if I wanted to.
Things she considered for my sentence to note: I was 27, it was my first offence, no previous trouble with the law, the fact I was willing to admit my mistake without being a fool about it, and she thought I was quite remorseful.
But once again I was in a very special situation DO NOT take my dumbass story as legal advice especially seeing this is a comment section of an actual lawyers video that would be silly. He knows wayyyy more then me.
The other reason not to plead guilty is because the closer you get to trial, the better the plea deal you’ll be offered
I’ve seen an 8 month incarceration plea as a felony drop to a misdemeanor with 1 year probation and $500 fine
👍
different in the UK. we have admin courts that try and get a guilty plea upfront before a serious charge is referred to crown for sentencing. they then use a starting sentence, add on the aggravation and then subtract the mitigation and early plea. Cases that are pushed to a jury trial and found guilty will then receive sentencing without the 1/3rd knocked off. There's loads of cases where people have pleaded guilty for crimes they didn't commit because the odds were against them and mounting costs legal aid wouldn't cover.
Holy cow! That's wild! I mean, there are still false confessions here in the U.S., but not nearly as many are methodical about calculating the length of a sentence. That's truly heartbreaking. 😢
Thank you!