Why Is Pleading Not Guilty Standard in Criminal Trials? | Lawyer Talk Q&A

The Reality of Courtroom Standards: "And we don't talk in terms of factual innocence in the courtroom very often. It comes up sometimes on appellate sides of things, but for the most part, it's whether the prosecutor has proved somebody." - Steve Palmer

This is about the notorious case involving Brian Wilson (no, not the Beach Boys icon), who’s been charged with the murder of two police officers up in Morrow County (OH).

I break down why, even in a situation like this, entering a not guilty plea is not just common—it’s actually the right legal move. I’ll address some of the biggest misconceptions I hear about pleas, talk through the important difference between factual guilt and what the courtroom actually requires, and explain why due process has to be protected, even for those accused of the worst crimes.

With the death penalty potentially on the line, I unpack how that part of the trial works and why our legal standards matter for everyone, not just the presumed innocent.

If you’ve ever wondered how defense attorneys square their work with questions of morality, or why the system handles plea decisions the way it does, this episode is for you.

Here are my top takeaways:

"Not Guilty" Is a Process, Not a Claim: The initial "not guilty" plea doesn’t necessarily mean the accused claims innocence; it's a vital procedural step that sets the wheels of justice in motion and ensures the State provides evidence before conviction.

Burden of Proof Matters: The prosecutor must prove guilt beyond a reasonable doubt, not simply assert it. This protects all of us, not just the accused, and sets a uniform standard that safeguards the innocent.

Even in Difficult Cases, Standards Protect Us All: Justice means applying the process equally, even for those accused of terrible crimes. Skipping steps or making exceptions erodes the integrity of the entire system.

Got a question you want answered on the podcast? Call 614-859-2119 and leave us a voicemail. Steve will answer your question on the next podcast!

Submit your questions to www.lawyertalkpodcast.com.

Recorded at Channel 511.

Stephen E. Palmer, Esq. has been practicing criminal defense almost exclusively since 1995. He has represented people in federal, state, and local courts in Ohio and elsewhere.

Though he focuses on all areas of criminal defense, he particularly enjoys complex cases in state and federal courts.

He has unique experience handling and assembling top defense teams of attorneys and experts in cases involving allegations of child abuse (false sexual allegations, false physical abuse allegations), complex scientific cases involving allegations of DUI and vehicular homicide cases with blood alcohol tests, and any other criminal cases that demand jury trial experience.

Steve has unique experience handling numerous high-publicity cases that have garnered national attention.

For more information about Steve and his law firm, visit Palmer Legal Defense.

Copyright 2025 Stephen E. Palmer - Attorney At Law

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