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What can I expect following my release?
Your first court date is called the arraignment at which the Court will accept a plea of guilty, not guilty, or no contest. A plea of guilty admits commission of the crime. A plea of no contest, like a plea of guilty, indicates to the Court that you do not wish to contest the charges against you. A plea of not guilty denies the accusations and demands that the matter be set for a trial at which the government carries the burden of proving its case against you. Should you decide to enter a plea of Guilty or No Contest at the arraignment, the Court will make you aware of the very important Constitutional Rights which you are giving up in doing so. In all criminal cases, the State has the obligation to prove your guilt beyond a reasonable doubt. You do not have to prove your innocence. Entry of a plea other than Not Guilty, relieves the State of their burden to prove your guilt. Entry of a plea of guilty or no contest sacrifices the very important rights you have to explain your side of the story regarding criminal charges filed against you. Once your plea has been entered, the Court (with input from the State prosecutor) is free to impose a sentence at its own discretion. Hiring an attorney prior to the arraignment will eliminate your need to appear at the arraignment. Your attorney can file a Written Plea of Not Guilty, Notice of Appearance as your attorney and Waiver of your Appearance at the arraignment.
 
Thursday, 09 September 2010

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