Pros and Cons of Guilty, Not Guilty, and No Contest Pleas in Criminal Cases

 Posted on January 31, 2026 in Criminal Defense

In criminal cases, a defendant must enter a plea to the charges brought against them. The plea entered is a crucial step in the legal process and can significantly impact the case outcome. Today, we will discuss three different types of pleas available in criminal cases and the pros and cons of each. If you are facing criminal charges, you must work with a defense lawyer to understand your rights and which plea makes the most sense for you.

At McNamara Phelan McSteen, LLC, our Will County, IL criminal law attorneys have decades of experience working in the justice system. We will review your case closely to determine the best course of action, fighting for the best possible outcome.

Three Pleas to Consider for Criminal Cases in 2026

Under Illinois law, a defendant must enter a plea in response to criminal charges. The Code of Criminal Procedure outlines how pleas are entered and recorded in court, with guilty and not guilty being the primary options in most cases (725 ILCS 5/113-4). There is no one right answer for every case – instead, you should speak with an attorney to see what option best suits your circumstances.

Guilty Plea

This plea means the defendant admits to the criminal charges and accepts responsibility for their actions. By pleading guilty, the defendant waives their right to a trial and agrees to be sentenced by a judge. Sometimes, a defendant may plead guilty as part of a plea bargain. This is when the prosecution agrees to reduce the charges or recommend a lighter sentence with the defendant’s admission of guilt.

The pros of a guilty plea include that it:

• Avoids the time and expense of a trial

• May result in a more lenient sentence due to the defendant’s acceptance and responsibility

• May provide a sense of closure for the families involved

The cons of a guilty plea include that it:

• Results in a criminal conviction with potential long-term consequences

• Means the loss of opportunity to defend oneself in a trial

Not Guilty Plea

This plea means the defendant denies the criminal charges and asserts their innocence. By pleading not guilty, the defendant exercises their right to a trial, during which the prosecution must prove their guilt beyond a reasonable doubt. If the jury or judge finds the defendant not guilty, they are acquitted of the charges, and the case is closed.

The pros of a not guilty plea include that it:

• Preserves the defendant’s right to a trial and the presumption of innocence

• Allows for the possibility of acquittal and no criminal conviction

The cons of a not guilty plea include:

• Risk of a harsher sentence if found guilty after trial

• The trial process can be time-consuming and expensive

No Contest Plea

In Illinois, a "no contest" plea is not a standard option in criminal cases. Most defendants must enter a guilty or not guilty plea. While some states allow no contest pleas more freely, Illinois courts generally do not treat them as a separate, routine plea choice.

In limited situations, a court may accept a resolution that does not require a full admission of guilt, but these outcomes are uncommon and depend on the charge, the court, and the prosecutor involved. Even in those cases, the result often functions much like a guilty plea for criminal purposes, including sentencing.

Because these situations are highly case-specific, a defense attorney can explain whether any alternatives to a traditional guilty plea may be available and whether they make sense for your situation.

When Is it Worthwhile to Go to Trial?

Going to trial can be worth it when the evidence is weak, unreliable, or unlawful. Some cases rely on one witness, shaky identification, or statements taken under pressure. Others involve searches, traffic stops, or interrogations that may have violated your rights. If key evidence can be challenged or excluded, the case may look very different.

Trial can also make sense when the plea offer is not much better than the risk of trial. If the prosecution offers a deal that still includes long jail time, harsh probation terms, or serious charges, you may decide it is not worth giving up your chance to fight. Some people also want a trial because they need to protect their name, their job, or their future, and they believe they can win.

At the same time, trial always involves risk. A jury could convict, and the sentence could be harsher than what is offered in a plea deal. Witnesses can be unpredictable, and facts can land differently in front of twelve strangers than they do on paper. The best choice depends on the strength of the evidence, the possible penalties, your personal goals, and how you handle uncertainty. A careful review of the case file, the evidence, and the witness issues helps you make a decision based on facts, not fear.

How Soon Should You Speak to an Attorney After an Arrest?

You should speak to an attorney as soon as possible after an arrest, especially because plea decisions can come up faster than people expect. In many cases, the first court dates set the tone for everything that follows, including whether the prosecutor offers a plea deal early and what that offer looks like. If you wait too long to get legal help, you might miss the chance to shape the case before the other side decides what they think it is worth.

Early legal advice matters because the best plea outcome often depends on what your attorney can do right away. That can include getting police reports, reviewing body camera footage, identifying missing evidence, and spotting legal problems with the stop, search, or questioning. When your attorney can point to weaknesses early, the prosecutor may be more open to reduced charges, a lighter sentence recommendation, or alternatives like supervision, diversion, or probation instead of jail.

Speaking to an attorney early also helps you avoid mistakes that can make pleas harder later. Some people think they can explain things and "clear it up," but they end up giving the prosecution more evidence to use against them. Others agree to conditions, testing, or interviews without understanding how those steps can affect negotiations. A careful approach can protect your bargaining position and keep options open.

Contact a Will County Criminal Defense Attorney

If you are facing criminal charges, there is much at stake. For experienced legal counsel, contact the skilled Joliet, IL criminal defense lawyers with McNamara Phelan McSteen, LLC. Call 815-727-0100 for a free consultation.