Not Guilty

“Not guilty” has two meanings in a criminal case. As a plea, it is what almost every defendant says at arraignment — a formal denial of the charges that puts the prosecution to its proof. As a verdict, it means the jury or judge concluded the prosecution failed to meet its burden, and the case ends in the defendant’s favor. Both are critical, and both deserve careful thought.

How “Not Guilty” Works in California

Under California Penal Code § 1016, every defendant facing criminal charges has the right to plead not guilty at arraignment. The plea preserves all rights — to a trial, to confront witnesses, to remain silent, to file motions — and it does not prevent later negotiation of a plea bargain or a different plea down the line. A not guilty plea is the default starting point, and entering one immediately is almost always the right move at arraignment.

A not guilty verdict — an acquittal — is the strongest possible outcome at trial. Under Penal Code § 1158, a jury that finds the defendant not guilty ends the prosecution permanently for that offense, and double jeopardy bars any retrial. After acquittal, the defendant is also entitled to seek sealing and destruction of the arrest record under Penal Code § 851.8 if they can show factual innocence — a powerful additional remedy that goes beyond ordinary expungement.

Why “Not Guilty” Matters to Your Defense

Pleading not guilty at arraignment is the foundation of every California criminal defense. It buys time to investigate, file motions, evaluate evidence, and negotiate from a position of strength. Defendants who feel pressured to “just get it over with” by pleading guilty at the first appearance often regret it — the case has not been examined, the evidence has not been challenged, and the consequences have not been fully understood.

Earning a not guilty verdict at trial is the result of careful, sustained work. It requires identifying weaknesses in the prosecution’s case during discovery, exploiting them through cross-examination, and presenting a clear, credible narrative to the jury. A skilled criminal defense attorney builds toward that result from the first day of the case, not just the day trial begins.

Related Legal Terms

A not guilty plea connects to the procedures at arraignment and the eventual outcomes possible at trial — including a successful acquittal protected by double jeopardy. These outcomes are the daily focus of our criminal defense and DUI defense practice across Greater Los Angeles.

Facing Charges Where This Applies?

If you are facing arraignment or heading toward trial, the strength of your not guilty plea depends entirely on the work done in the months before any jury hears the case. Attorney Chris Nalchadjian offers free, confidential consultations 24/7. Call KN Law Firm at (888) 950-0011.