I'm a Criminal Defense Lawyer. Does It Always Make Sense to Plead Not Guilty?

Estimated Read Time: 2 Minutes
Reviewed by Attorney Nate Gjesdal
August 20, 2026

My law firm is called Not Guilty Law, so you might assume my answer to this question is obvious.

It isn't. A not guilty plea can be an important first step in a criminal case. But pleading not guilty doesn't necessarily mean you're saying you did absolutely nothing wrong. It also doesn't mean you've decided to take your case all the way to trial.

After 16 years practicing criminal defense, I think one of the biggest misconceptions about a not guilty plea is what it actually means.

A Not Guilty Plea Gives You Time to Understand the Case Against You

Early in a criminal case, there may still be a lot you don't know.

Police reports need to be reviewed. Body camera footage or other evidence may need to be obtained. There may be differences between what actually happened and the charges that were filed.

Pleading not guilty initially can give you and your attorney an opportunity to understand the evidence, identify potential issues with the prosecution's case, and evaluate your options before making a decision that could have lasting consequences.

You're not necessarily saying, "None of this happened."

You're saying you're not admitting guilt to the charge at that point in the process.

Pleading Not Guilty Doesn't Mean You're Going to Trial

This is another misconception I hear.

Someone can enter a not guilty plea and ultimately decide that resolving the case through a negotiated agreement is the best option.

A lot can happen between an arraignment and a final resolution.

The evidence gets reviewed, attorneys speak with the prosecutor, and additional information may come to light. Charges can sometimes change and different resolutions may become available.

The important part is having enough information to make that decision.

Sometimes the Best Outcome Isn't a Trial

As a criminal defense attorney, my job isn't to take every case to trial.

My job is to understand the evidence, explain the available options, and give my client my best guidance about the risks and potential outcomes of each one.

Sometimes fighting a case through trial makes sense.

Other times, it doesn't.

I've represented people where the alleged conduct happened years earlier and they're in a completely different place in life by the time the case is being resolved. A young adult may have matured, stayed out of trouble, started a career, or simply moved forward with life.

If the evidence is strong and there's an opportunity for a reasonable resolution, putting someone through the time, stress, uncertainty, and emotion of a trial isn't automatically the better decision.

There are practical considerations too. What is the potential sentence if you're convicted at trial? What is being offered to resolve the case? Could a conviction affect your job, professional license, immigration status, child custody, or other parts of your life?

Those are all things I want my clients to understand before they decide what to do.

The Decision Ultimately Belongs to the Client

An attorney can recommend a strategy. We can explain what we think is likely to happen and what we believe is the best path forward.

But whether to plead guilty or take a case to trial is ultimately the client's decision.

My job is to make sure that decision is an informed one. Sometimes that means fighting. Sometimes it means negotiating.

And sometimes the best outcome is recognizing when it's time to put the case behind you and move forward.

Final Thoughts

A not guilty plea is not a promise that you're going to trial. It's also not necessarily a declaration that nothing happened.

In many cases, it's simply an important step that gives you and your attorney time to understand the evidence and evaluate the options before making a permanent decision.

Good criminal defense isn't about fighting everything just for the sake of fighting.

It's about understanding what's at stake, giving the client honest advice, and helping them make the decision that's right for their situation.

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