Attorney Explains Why Defendants Often Plead Not Guilty Even When Guilty

Criminal defense attorneys may advise clients to plead not guilty even when they admit privately to committing an offence, a practice that often sparks public confusion but is grounded in constitutional protections, according to attorney-at-law Warren Cassell.

In a social media post this week, Cassell explained that a plea of not guilty does not necessarily mean an accused person is denying responsibility. Instead, he said, it can amount to a demand that the prosecution prove its case in accordance with the law.

Cassell pointed to Section 15(2)(a) of the Antigua and Barbuda Constitution, which guarantees the presumption of innocence until guilt is proven. He noted that similar protections exist across the region, including under Montserrat’s Constitution Order.

Under criminal law, Cassell said, the burden of proof rests entirely on the prosecution, not the accused. A defendant is not required to prove innocence; prosecutors must establish every element of the alleged offence beyond a reasonable doubt.

By pleading not guilty, Cassell explained, defendants ensure that prosecutors are required to meet that legal threshold, a safeguard designed to protect against weak or insufficient evidence. He added that entering a guilty plea effectively assists the prosecution by conceding the charges as laid.

Cassell also said a not-guilty plea can preserve an accused person’s constitutional rights while allowing attorneys time to pursue negotiations, including the possibility of reduced charges or lighter sentences, rather than immediately exposing a defendant to maximum penalties.

The attorney indicated that he plans to further discuss legal rights and criminal procedure in an upcoming season of his programme, This Is the Law, scheduled to air on Observer Radio and ZDK in February 2026.

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