What happens if a defendant stands mute at arraignment?

What happens if a defendant stands mute at arraignment?

• A. Guilty plea is entered
• B. Not guilty plea is entered automatically
• C. No contest is entered
• D. Demurrer is entered

Answer: (D)

When a defendant stands mute at arraignment, the court records a plea on their behalf so the case can proceed. The standard action is to enter a not guilty plea for the defendant, preserving their rights and moving the proceedings forward toward trial. A demurrer is a challenge to the charging document itself, not a response to the defendant’s silence at arraignment, so it isn’t what happens automatically when someone remains silent. A guilty plea cannot be inferred from silence, since there has to be an explicit admission of guilt. A no contest plea is a separate option and is not the default consequence of simply standing mute.

When a defendant stands mute at arraignment, the court records a plea on their behalf so the case can proceed. The standard action is to enter a not guilty plea for the defendant, preserving their rights and moving the proceedings forward toward trial.

A demurrer is a challenge to the charging document itself, not a response to the defendant’s silence at arraignment, so it isn’t what happens automatically when someone remains silent. A guilty plea cannot be inferred from silence, since there has to be an explicit admission of guilt. A no contest plea is a separate option and is not the default consequence of simply standing mute.