Legal Definitions - stand mute

When a defendant is asked to respond to criminal charges in court, they are typically expected to enter a plea, such as "guilty," "not guilty," or "no contest." To stand mute means that the defendant refuses to enter any plea at all.

When a defendant stands mute, the court usually interprets this refusal as a "not guilty" plea on their behalf, allowing the legal process to continue.

Here are some examples:

• Imagine a community activist, Ms. Chen, is charged with disorderly conduct during a peaceful protest. When the judge asks her to enter a plea, Ms. Chen remains silent, stating only, "I do not recognize the legitimacy of these charges." By refusing to say "guilty" or "not guilty," she is standing mute. The court would then typically record a "not guilty" plea for her, and the case would proceed to trial.

• Mr. Davies is accused of a minor traffic infraction. During his arraignment, he becomes agitated and, when asked for his plea, simply crosses his arms and says nothing, despite repeated prompting from the judge. His deliberate silence and refusal to respond to the court's request for a plea constitutes standing mute. The judge would likely enter a "not guilty" plea on his behalf to move the proceedings forward.