I had an individual ask me today about a real dilemma he had, that he, unfortunately, solved through his own ignorance and laziness. He was stopped by an officer for a broken taillight, late at night. As is the norm for most nighttime stops, the man was given the roadside sobriety tests. He failed. He was then taken into jail, and blew in the breathalyzer. He decided to stay the night in jail and in the morning was brought to court. Before talking to the judge, the prosecutor showed the man the results of his breathalyzer. He blew a .09, and he plead guilty to Driving Under the Influence.

Now, I understand, you’re scared, you’re tired from spending the night on a cot, and that judge looks awful intimidating to be someone’s grandmother. But do yourself a favor: when they ask how do you plead, ALWAYS ALWAYS ALWAYS  answer , “not guilty.”

You can change your “not guilty” plea at any time. You’re even expected to plead not guilty at that first hearing.

You basically can’t change your “guilty” plea. You have to show, in short, mental incompetence. Either you’re still drunk or high, you don’t speak English, you have an IQ so low that you can’t understand what you’re doing, or something similar. And when you can change your guilty plea, it has to be done in a very short time. Usually ten days.

This individual had no mental handicap. He spoke English. And he waited twelve days before calling me. He is stuck with his guilty plea, even though he had a good chance of getting off. Now, the only options open to him are trying to get a lighter sentence, and trying to expunge his record (because now he has one).

So when should you plead guilty? Certainly not at your first hearing, and maybe never. At the very least, talk to a lawyer before you plead. Talk to multiple lawyers if that helps you. Talk to your friends, and examine all of the evidence the government has against you. Don’t give up your right to due process.