Friday, November 15, 2013

Why Should Someone "Stand Mute" in Criminal Case

Every Criminal Case starts with an Information or Indictment...These are the charging documents filed with the Court...

The Arraignment is often the first appearance of the Defendant in Court where he enters a "Plea" to the charging documents.

Defendant can either plead Guilty, Not Guilty or Stand Mute.  At that point the basis of the case is set...The Game is Afoot...

By Standing Mute...Defendant says NOTHING about the Prosecutors case or the charging documents...  

And THAT preserves any technical defenses found in the charging documents.  Often there are technicalities left out or wrongly stated in the Information or Indictment...

By pleading Not Guilty the Defendant may waive his right to object to those technical errors later

So Standing Mute Preserves the Defendant's right to Object to any mistakes later found in charging documents...

Many Attorneys advise preserving all possible defenses ...even if technical...which can at times be turned to an advantage for the client...

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