> For the complete documentation index, see [llms.txt](https://dubs-docs.gitbook.io/tbd-rp-department-of-justice-legal-code/llms.txt). Markdown versions of documentation pages are available by appending `.md` to page URLs; this page is available as [Markdown](https://dubs-docs.gitbook.io/tbd-rp-department-of-justice-legal-code/unified-code-of-laws/title-7-criminal-justice-procedures/contesting-criminal-charges.md). # Contesting Criminal Charges The following document presents the guidelines for contesting criminal charges for anyone in the State of San Andreas who has been placed under arrest. If you are charged with an offense and wish to plead **“Not Guilty,”** it is recommended that you speak with an attorney immediately. In addition to serious criminal penalties such as fines and incarceration, a conviction can affect several aspects of your life, including employment and firearm rights. ### **I. Entering a Plea** In the criminal court system, there are three primary types of pleas: #### **Guilty** A guilty plea is an admission of committing the offense. By pleading guilty, you are accepting full responsibility for the charge and will be sentenced accordingly. A judge, district attorney, or department of corrections (DOC) official may authorize this plea. If a guilty plea is entered, the Criminal Code must be followed for sentencing. #### **Not Guilty** A **Not Guilty** plea is the most common plea in criminal cases. Even if a person believes they are guilty, they may still plead **Not Guilty** to allow time for legal counsel and further review of the evidence. This plea moves the case to trial, where the prosecution must prove guilt beyond a reasonable doubt. #### **No Contest** A **No Contest** plea means the defendant does not admit guilt but also does not dispute the charges. It has the same legal effect as a guilty plea in sentencing but does not serve as an admission of liability in civil cases. However, taking a **No Contest** plea means that the arrest record **can** still be used to prove credibility issues in later cases. **This plea can only be entered in court in front of a Judge of Justice.** #### **Delayed Plea Entry** In certain cases, a defendant may delay entering a plea. Reasons for delay can include: * Lack of legal counsel * Being uncooperative * Not understanding the charges A plea hearing must be scheduled with a judge in these cases. If no judge is available, the Department of Justice (DOJ) must be contacted to schedule a plea hearing. The defendant will be held at **Bolingbroke Penitentiary** until the hearing occurs. *** ### **II. Pleading Not Guilty** By pleading **Not Guilty**, the defendant formally contests the charges. At this stage, legal representation is essential to ensure that the defense is valid and properly presented. * If the charges are non-violent and do not carry a **"Hold Until Trial"** status, the defendant may be eligible for release on recognizance (ROR) or bond. * If the defendant is awaiting trial for another charge and commits a new offense while out on bail, they must appear before a judge within **24 hours** for an arraignment. * The **District Attorney’s Office** is responsible for submitting the case to the court. For charges carrying a **“Hold Until Trial”** designation, a plea can only be entered at trial or through the **Prosecutor’s Office**. Defendants are encouraged to secure legal representation before trial to ensure their rights are upheld and to increase the likelihood of a fair trial. *** ### **III. Bail** Bail terms are determined based on the nature of the charges and the defendant's history. Bail may be granted for most offenses except for those classified as **"Hold Until Trial."** For detailed bail terms, refer to the **Bail Terms** section of this legal code. *** ### **IV. Probable Cause Hearing** A **Probable Cause Hearing** may be held within **7 days** of arrest to determine whether the arrest was justified. The **Fourth Amendment** requires that an arrest be supported by probable cause, which can be confirmed **before or after** an arrest. During this hearing, a judge will review: * Whether probable cause was present at the time of arrest. * If probable cause was **not** established, law enforcement must release the defendant and refund any fines paid. * If the police **secured a warrant** before arresting a suspect, the warrant itself satisfies the probable cause requirement, and no hearing is necessary. For **“Hold Until Trial”** cases, defendants **cannot** enter a plea until they have appeared in court and secured legal counsel. *** ### **V. Proceeding to Trial** If probable cause is found, the case will move forward to trial. The trial date will be scheduled at the conclusion of the probable cause hearing. Failure to appear for trial will result in the issuance of an arrest warrant and may result in additional sentencing. --- # Agent Instructions This documentation is published with GitBook. GitBook is the documentation platform designed so that both humans and AI agents can read, navigate, and reason over technical content effectively. Learn more at gitbook.com. ## Querying This Documentation If you need additional information that is not directly available in this page, you can query the documentation dynamically by asking a question. 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