Legal Question in Criminal Law in Florida

Should he of plead not guilty

I am writing in concern of my cousin whom was charged with battery on his wife. He went to court and he plead not guilty, was that the right thing to do. We live in a small town with the judge and yes the judge knows he did it. So was it the right thing to do or should he have plead no contest instead. And if he is found guilty after saying he wasn't what kind of sentence is he looking at. And now will he have to go to trial since he plead not guilty.

Asked on 5/03/05, 8:01 pm

1 Answer from Attorneys

Valerie Masters Valerie Masters, P.A.

Re: Should he of plead not guilty

im not sure what the question is. how would the judge "know" he is guilty. was he there? in criminal law you have two choices. plead guilty and accept a plea offer or plead not guilty and have a trial. no contest, nolo contendere, guilty in best interest all are legally equivalent to guilty, so it doesnt matter which you choose really. not guilty just means you either dont want the plea or you want the state to have to prove your guilt beyond a reasonable doubt. the sentence for domestic battery is up to one year in the county jail.

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Answered on 5/03/05, 8:25 pm

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