What is Entry of Plea?
The "entry of plea" is a crucial step in the criminal justice process where the defendant formally responds to the charges against them. This typically happens during the arraignment but can also occur at other times in the court process. Here's what happens during the entry of plea:
- Understanding the Charges: The defendant is informed of the charges they are facing. The court will read the formal charges aloud, so the defendant understands what they are accused of.
- Choosing a Plea:
- Guilty: The defendant admits to committing the crime as charged. This usually leads to a conviction and sentencing, although the judge may still conduct a sentencing hearing to determine the appropriate penalty.
- Not Guilty: The defendant denies committing the crime and asserts that they require a trial to contest the evidence. This plea sets the stage for further legal proceedings, such as a trial where the prosecution must prove the defendant's guilt beyond a reasonable doubt.
- No Contest: The defendant does not admit guilt but also does not contest the charges. This plea has the same effect as a guilty plea for sentencing purposes but may not be used as an admission of guilt in a civil case arising from the same facts.
- Legal Advice: It is highly recommended that the defendant consult with their attorney before entering a plea. The attorney can provide guidance on the implications of each plea, potential outcomes, and the best strategy for the case.
- Plea Agreement: Sometimes, before the entry of plea, the defense and prosecution may negotiate a plea deal or plea bargain. In such an agreement, the defendant may agree to plead guilty or no contest in exchange for a lighter sentence or the dropping of some charges.
- Court Procedures: Once the plea is entered, the court will proceed based on the plea. If the plea is guilty or no contest, the court will move towards sentencing. If the plea is not guilty, the case will continue to further stages such as pre-trial motions, hearings, and eventually a trial if no settlement is reached.
Fill out Entry of Plea Form
The Entry of Plea Form includes the Rights, Instructions, and Waiver form, as well as the Right to Counsel form (Screening for a court-appointed Attorney is available if you are pleading not guilty to misdemeanor C and B charges). Both forms are available in English or Spanish, and all three forms will be submitted together and sent automatically to the Justice Court upon completion.
NOTE: If you live within Iron County, the Court will not accept your Entry of a guilty or no contest plea via this digital form. You are required to appear in person for a scheduled Arraignment, where you can enter your plea at that time.
Declaration and Order of Financial Status
Please submit your Rights Form and Right to Counsel Form (both included in the Entry of Plea form above) at least 48 hours prior to your Arraignment. If you are pleading Not Guilty your Arraignment date will be continued to a Pre-Trial Conference date. If you would like to be screened for a Public Defender, please fill out the form below and return it to the Court. The Judge will review and you will be notified if a Public Defender will be appointed.
Declaration and Order of Financial StatusHours and Contact
- Brent Dunlap – Judge
- Lori Eichelberger – Court Administrator
- 82 N 100 E #101, Cedar City, UT 84720
- Monday - Friday 8:00 A.M. - 5:00 P.M
- Closed Friday 1 P.M - 2 P.M
- 435-865-5335
- [email protected]