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If someone denies guilt in court, and then later still denies guilt in treatment, it could result in a violation of their sentence and incarceration. A defendant may be confident in their innocence but feel reluctant to take the risk of going to trial. How you plead can have important consequences both in your criminal case and life in general because a conviction will result in you having a permanent criminal record. An Alford Plea is a hybrid plea that was approved by the U. S. Supreme Court in North Carolina v. Alford, 400 U. It is also possible to attempt to enter a no contest or Alford plea without a firm plea offer on the table. An Alford plea is very unusual, and very rarely seen in criminal law today.
What Is The Alford Plea In Court
Finally, the judge will also be certain that you have not been coerced and that you understand the potential penalties that you face by pleading no contest. Changing a plea from not guilty to an alternative is entirely the choice of the defendant. An Alford plea is one in which the defendant admits that the government has enough evidence to meet its burden of proving the defendant's guilt beyond a reasonable doubt. Listen to your attorney's advice, but Alford pleas are sometimes necessary to avoid the greater tragedy of wrongful incarceration (or even death in a capital case).
Understanding the exact nature of each plea is an important requirement for any person charged with a crime who is considering a negotiated disposition. As a result, he pleaded guilty only because it was in his best interest to do so. Let's look at each of these three optional pleas separately. Both, please allow a court to treat the accused as if they are guilty without the defendant actually having to admit guilt. Like a plea of no contest, an Alford plea means that the defendant pleads guilty and a conviction will result. Also my advice: You make the decision as to whether you plead guilty or not, and it is never your attorney's call. Rather the defendant maintains their innocence; but still chooses to plead guilty because the prosecution has significant evidence against them. A defendant pleading no contest can usually benefit from plea bargaining or plea deals offered by the prosecutor in return for entering a plea. In fact, even an offer to plead no contest is not admissible in a civil claim. Now that you have a better idea of what a no contest plea is, let's look at the benefits and concerns of choosing this option.
What Is The Alford Legal Plea
This refers to a legal case where a precedent was created, allowing people to accept a criminal conviction while specifically maintaining innocense. According to a 2000 Department of Justice study, around 17% of state criminal court defendants and 5% of federal defendants submitted a no contest or an Alford plea. However, in Nevada, the main difference between a no contest plea and a guilty plea is their admissibility in civil court proceedings. He still maintained his innocence for the crime. The state offered to allow him to plead guilty to second-degree murder with a sentence of up to 30 years instead of the death penalty, and Alford insisted 1) that he would accept the offer and plead guilty and 2) that he was not guilty. In order for this type of plea to be valid, the court must determine that you made it because you intelligently came to the conclusion that it was the best option under the circumstances.
Entering a blind plea can be risky. With more than 31 years of experience fighting for victims of personal injury in the Las Vegas valley, Attorney Adam S. Kutner knows his way around the Nevada court system and how to get clients their settlement promptly and trouble-free. The term Alford Plea comes from the North Carolina v. Alford Supreme Court case. Adam Kutner Reviews & Testimonials. This rule can be found at section 8. Also, by avoiding a trial, the defendant may get a lighter sentence from the judge than if the defendant goes before a jury and is convicted of the charges. Alford pleas make up a small percentage of all plea bargains in the U. So, if the person injured in the car accident sues you in Virginia, they can use the fact that you previously entered a plea of no contest, and argue that you were responsible for their injuries. In short, your case will be over. Preserving their rights for anticipated civil litigation is another reason that someone may prefer a no contest plea.
No Contest Vs Alford Plea
It may be the defendant is truly innocent, but the evidence points to their guilt and they know that they will be convicted by a jury when the jurors hear the case against them. Some courts will accept an Alford guilty plea from a defendant, but they are not required to do so. This is simply a written document that includes the facts of the case, a request for a particular sentence, and an argument about why that sentence would be appropriate in this case. If you enter this plea, you are maintaining your innocence but are admitting that the state has sufficient evidence to convict you and agree to accept the punishment. The Law Office of James R. Snell, Jr., LLC, doesn't automatically encourage clients to plead no contest to crimes. This plea may seem contradictory, but it was ruled permissible by the U. S. Supreme Court in 1970 in a criminal case in our state, North Carolina vs. Alford.
Please contact Arnold & Smith, PLLC today at (704) 370-2828 or find additional resources here. North Carolina v. Alford, 400 U. S. 25 (1970). What Is a No-Contest Plea? Certain choices made at the trial level will impact what challenges may be raised on appeal. For example, say you are charged with vehicular manslaughter in North Carolina. After the sentence came down, the rapper released a statement, saying: "While I have agreed to always be truthful, I want to make it perfectly clear that I have NOT made any statements, have NOT been interviewed, have NOT cooperated, have NOT agreed to testify or be a witness for or against any party in the case and have absolutely NO intention of being involved in the trial process in any way.
But this is not the case in Virginia. The state of Kentucky does permit judges to accept Alford pleas, but judges are not required to accept them. The ability to challenge issues on appeal is not unfettered. There are also a few less familiar options.
So what's the difference? The record must also strongly indicate guilt, even though the defendant claims innocence. DOWNLOAD: Free WSB-TV News app for alerts as news breaks]. Charlotte Criminal Lawyer Brad Smith answers the question: "Should I ever plead guilty to a charge?