What are the three pleas a defendant can enter at a preliminary hearing, and what is the process for entering each one?

Question

What will be an ideal response?

Answer 1

A defendant can enter a plea of guilty, not guilty, or nolo contendere. All of these can be entered at the arraignment for the defendant. In the case of a guilty plea, it functions as an admission of guilty and waives the defendant's constitutional rights designed to protect a criminal defendant against unjustified conviction. After a plea of guilty is made, it can usually be withdrawn and replaced with a not-guilty plea prior to sentencing after good cause is shown. However, after sentencing, the plea cannot be rescinded or withdrawn, even if there is a change in the law that might have made conviction problematic. As a result, judges must follow certain procedures when accepting a plea of guilty. First, they must clearly state to the defendant that constitutional protections are waived. Second, the judge must believe the facts of the case establish a basis for the plea and the plea was made voluntarily. Third, the defendant must be informed of their to right to counsel (for felony cases, the judge will likely insist on the presence of defense counsel). Finally, the defendant must be informed they could have the maximum sentence imposed during sentencing. After the guilty plea is entered, a sentencing date is arranged. A not-guilty plea is entered at the arraignment in one of two ways: either it is verbally stated by the defendant or the defense counsel or it is entered for the defendant by the court while the defendant stands mute before the bench. Once the not-guilty plea is recorded, the trial date is set. At this time, a continuance or issuance of bail is considered again. For a plea of nolo contendere, the defendant does not accept or deny responsibility for the crimes charged but agrees to accept punishment. This plea cannot be held against the defendant as proof in a subsequent legal matter. This plea is accepted at the discretion of the court and must be voluntarily made by the defendant.