Lawyer Talk: Off the Record

The Legal Reasoning for Not Guilty Pleas | Lawyer Talk Q&A


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I tackle a topic that sparks a lot of debate: why do people who seem obviously guilty still enter a "not guilty" plea in court?

After a recent conversation with a sharp, strong-willed friend who was baffled by this, I decided it's time to break down what really happens at an arraignment. I'll share why starting with a not guilty plea isn’t about denying the facts, but about making sure everyone gets the full benefit of due process and constitutional rights.

I’ll explain how this plea allows me, as a defense attorney, to fully review the evidence, negotiate charges if necessary, and ensure that any decision is made knowingly and intelligently. If you've ever found yourself frustrated or confused by this part of the courtroom process—especially when you see it play out in high-profile cases—I'm here to unpack the real reasons behind it.

Here are 3 key takeaways for anyone interested in justice and due process:

  • A Not Guilty Plea Is About Process, Not Denial: Entering a not guilty plea at arraignment isn’t a claim of innocence. It's an essential first step to protect a defendant’s rights and ensure full discovery and review of evidence.
  • “Guilty” Pleas Without Understanding Are Dangerous: Our system requires that a plea be made “knowingly, intelligently, and voluntarily.” Without complete discovery and legal counsel, it’s impossible for anyone to meet that standard.
  • Every Defendant Deserves Due Process: Sometimes the charges are overblown, the evidence is flawed, or constitutional rights may have been violated. Pleading not guilty gives defense (and prosecution) time to negotiate, review, and ensure fair outcomes, not just political theater.

Got a question you want answered on the podcast? Call 614-859-2119 and leave us a voicemail. Steve will answer your question on the next podcast!

Submit your questions to www.lawyertalkpodcast.com.

Recorded at Channel 511.

Stephen E. Palmer, Esq. has been practicing criminal defense almost exclusively since 1995. He has represented people in federal, state, and local courts in Ohio and elsewhere.

Though he focuses on all areas of criminal defense, he particularly enjoys complex cases in state and federal courts.

He has unique experience handling and assembling top defense teams of attorneys and experts in cases involving allegations of child abuse (false sexual allegations, false physical abuse allegations), complex scientific cases involving allegations of DUI and vehicular homicide cases with blood alcohol tests, and any other criminal cases that demand jury trial experience.

Steve has unique experience handling numerous high-publicity cases that have garnered national attention.

For more information about Steve and his law firm, visit Palmer Legal Defense.

Copyright 2025 Stephen E. Palmer - Attorney At Law

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Circle 270 Media Podcast Consultants

Circle 270 Media® is a podcast consulting firm based in Columbus, Ohio, specializing in helping businesses develop, launch, and optimize podcasts as part of their marketing strategy. The firm emphasizes the importance of storytelling through podcasting to differentiate businesses and engage with their audiences effectively. www.circle270media.com

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Lawyer Talk: Off the RecordBy Stephen E. Palmer - Attorney At Law

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