City of Knoxville - City Court How do you plead

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HOW DO YOU PLEAD?

The Court cannot instruct you on how you should plead. However, you may find the following information helpful.

Also, as you consider your plea remember that you are being asked about the status of your guilt or innocence as of the date/time the Citation was issued. The question is not whether or not you may still be guilty of the violation.

GUILTY - Use this plea if you agree with the charges. With this plea you may discuss your case with the Judge during Court.

NO CONTEST - Legally, this is neither an admission of quilt, nor is it a denial of the charges against you. You simply decline to refute the evidence against you. You may discuss your case with the Judge during Court if that is your choice.

NOT GUILTY - Enter this plea if you choose to dispute or contest the charges. This will result in a Court Trial, usually that same day, in which the Officer and you will present your respective sides of the case to the Judge. You should come to Court prepared with proof to support your case (witnesses, photos, affidavits, etc.).

Whether you enter a plea of Guilty or No Contest, you should expect the Judge to "Find" you guilty. Even if you enter a plea of Not Guilty, the Judge may "Find" you guilty after hearing testimony from both you and the Officer. (Of course, the Judge may "Find"' you not guilty after hearing everyone's testimony; in which case, the following information is unnecessary.) However, if the Judge "Finds" (or 'Rules') you guilty, the Judge may elect to offer you some form of JUDICIAL RELIEF (or DIVERSION).

Judicial Relief is offered at the Judge's discretion, and is therefore not guaranteed. When the Judge offers Judicial Relief, it may be based on a combination of factors, including your testimony, the Officer's testimony, the circumstances of your Case, and your own personal history (such as your driving record).

I WAS GUILTY THEN, BUT I'M NOT NOW...

Many people come to Court thinking they need to enter a plea of Not Guilty on a violation because the problem has since been ‘fixed’. However, the question “What is your plea?” refers to the point in time when you received the Citation, not ‘today’. So if what the Officer stated on the Citation (in general terms) is absolutely false as of the time the Citation was issued, then Not Guilty is the proper plea.

However, if you believe what the Officer has stated on the Citation to be basically correct, but you would like to either explain your actions or situation, then a plea of Guilty or No Contest is probably more suitable. Either will provide you with an appropriate opportunity to explain your situation to the Judge/Court. Proceeding in this manner tends to be faster and easier for all without sacrificing anyone's "rights".

In non-legal terms, Not Guilty means you did not do whatever the Officer cited (charged) you as doing. It does not mean, "yes, but..."

If you start to answer the question about whether or not you are guilty with an explanation, odds are the Judge will rule that you were guilty. That does not mean your explanation is not important.

If you could not (or did not) show proof of Insurance to the Officer, but you actually had Insurance. The Judge will find you guilty! Because even though you may be able to now show that you actually had Insurance then, when the ticket was issued you did not show the Officer proof of Insurance.

If you come to Court and enter a plea of Not Guilty on a charge such as this, the Officer must be called to Court for a Hearing to testify about what happened when you received the Citation. Presumably, the Officer's testimony would be something along the lines of asking you for 'proof of Insurance...' (Maybe you showed the Officer an expired Insurance Card or maybe you could not find anything to show the Officer.)

The Judge would then ask you to respond to the Officer's testimony. If your response is that you have your proof of Insurance now... The Judge would again ask you to answer the question, "Did you show your proof of Insurance to the Officer on the date in question?" Assuming your answer to that question is "no", the Judge will find you GUILTY. Because, the "Not Guilty" issue on the Citation is not whether you are "Guilty" today, but rather were you "guilty" on the date of the ticket.