Full question:
My son was charged with negligent driving for hitting a stopped vehicle because he said he was looking at his cell phone. He pleaded not guilty [against my advice]. They are now charging him with reckless operation. Can he now change his plea?
- Category: Criminal
- Subcategory: Pleas
- Date:
- State: New Hampshire
Answer:
Unless there is a very good reason to do otherwise, a plea at arraignment should always be “not guilty”. Even if a defendant feels he is guilty, he should still plead not guilty until after an opportunity to consult with a lawyer or think it over. A guilty plea can always be entered later. A defendant has the right at almost any time to change his or her plea from “not guilty” to “guilty.” It is not usually possible, however, to change from a guilty plea to a not guilty plea. Once a guilty plea is entered, it usually is permanent. Usually, to be allowed to change a guilty plea, it must be shown that there was coercion, deception, or other misconduct that prevented a voluntary plea from being made.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
