From Wikipedia, the free encyclopedia. An Alford plea (also called a Kennedy plea in West Virginia, an Alford guilty plea and the Alford doctrine), in United States law, is a guilty plea in criminal court, whereby a defendant in a criminal case does not admit to the criminal act and asserts innocence.
What is pleading for guilty?
law. (of a person charged with an offence) to admit responsibility; confess .
What is it called when you plead guilty to a lesser charge?
A plea bargain is an agreement between a defendant and a prosecutor, in which the defendant agrees to plead guilty or “no contest” (nolo contendere) in exchange for an agreement by the prosecutor to drop one or more charges, reduce a charge to a less serious offense, or recommend to the judge a specific sentence ...
What are the 4 types of pleas?
There are 4 types of pleas a person can enter into at an arraignment: not guilty, guilty, nolo contendere and not guilty by reason of insanity .
Is pleading guilty the same as a conviction?
If you are found guilty of, or plead guilty to, any level of crime, you are generally considered to have a conviction . You may have been convicted of a crime even if you did not spend any time in jail.
Does pleading guilty reduce your sentence?
When a criminal defendant pleads guilty when represented by legal counsel, he or she usually does so through the process of plea bargaining. ... In exchange for pleading guilty, the criminal defendant may receive a lighter sentence or have charges reduced . Additionally, pleading guilty avoids the uncertainty of a trial.
What are the 3 types of pleadings?
- Complaint. A lawsuit begins when a plaintiff (the party suing) files a complaint against a defendant (the party being sued.) ...
- Answer. The answer is the defendant’s written response to the plaintiff’s complaint. ...
- Counterclaim. ...
- Cross-claim. ...
- Amended Pleadings.
Do judges usually accept plea bargains?
Judge’s Approval of a Plea Bargain
Technically, the answer to that question is yes . ... In most criminal cases, the judge will normally agree with the plea bargain made between the prosecutor and defense lawyer.
Should I pleading guilty even if innocent?
Most of the time, defendants cannot enter plead guilty while asserting their innocence . In certain situations, and with the agreement of the court and prosecutor, special “no contest” or “Alford” pleas may be entered. The plea deal is an essential part of the American criminal justice system.
What are the 3 types of plea bargains?
Plea Bargaining: Areas of Negotiation
– Discusses the three main areas of negotiations involving plea bargains: charge bargaining,sentence bargaining, and fact bargaining .
What happens after pleading guilty?
If you opt to plead guilty, the judge will instead move your case to sentencing . ... Once you’ve pled guilty, you’ve publicly accepted your responsibility for the crime. The judge will determine the specific penalties you face, based on the unchallenged facts that the prosecutor has presented.
What is the exculpatory rule?
Exculpatory evidence is evidence favorable to the defendant in a criminal trial that exonerates or tends to exonerate the defendant of guilt . It is the opposite of inculpatory evidence, which tends to present guilt.
Can a plea deal be negotiated?
Negotiating a Plea and Strategies
You and your defense lawyer can negotiate the offer to get better terms . Negotiations can go back and forth, with most of the work taking place in private without your direct participation. Ultimately, it is up to you to accept a plea bargain or not.
Does pleading guilty mean you are guilty?
If you plead guilty to a crime or are found guilty by either a judge or a jury it is the same. All are convictions . It makes no difference.
Can you sue after pleading guilty?
Once you enter a plea and it is accepted by the judge, the case is over. You cannot later change your mind and you cannot sue for damages. ... The guilty plea was accepted.
Can you be guilty but not convicted?
If a jury or judge finds you not guilty of a criminal charge, you are acquitted and your case is closed. If you’re found guilty of a charge, you are said to be convicted and must face the penalties imposed for the crime, though you have the option to appeal.
