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 happens when a defendant pleads guilty?
If you plead guilty it means you agree that you committed the offence you were charged with and you do not have a defence . When you plead guilty, the magistrate will usually sentence you on the same day. ... The magistrate will then decide your sentence. This is the penalty you should get, if any.
What is it called when the defendant pleads guilty or not guilty?
Colloquially, a plea has come to mean the assertion by a defendant at arraignment, or otherwise in response to a criminal charge, whether that person pleaded or pled guilty, not guilty, nolo contendere (a.k.a. no contest), no case to answer (in the United Kingdom), or Alford plea (in the United States).
What is an Alford plea in court?
Also known as a “ best-interests plea ,” an Alford plea registers a formal claim neither of guilt nor innocence toward charges brought against a defendant in criminal court.
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 it better to plead or go to trial?
Another advantage of pleading guilty is the expense for a lawyer is generally less when the lawyer does not have to go to trial . ... 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 happens if you go to trial and lose?
The jury (or the judge, in a bench trial ) can find you NOT GUILTY, GUILTY or the jury can be hung meaning that they cannot reach a verdict. A judge in a jury trial or bench trial , under certain circumstances, can rule that the prosecutor has not met the burden of proof and dismiss the case on the spot.
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 is the difference between pleading guilty and not guilty?
NOT GUILTY: means you formally deny committing the crime of which you are accused . If you plea Not Guilty, your case will proceed towards a trial where the State must prove you guilty of the crime. ... GUILTY: means you formally admit to committing the crime of which you are accused.
Why would the state offer a plea bargain to a defendant?
It saves the Justice System valuable time & costs . It assists in reducing the numbers of matters being listed for trial. It entitles the accused to a reduction in sentence on account of pleading guilty. It can provide an incentive to others to also plead at an early stage.
What is the difference between an Alford plea and a guilty plea?
An Alford plea is not the same as a guilty plea , it is the admission of guilt in a crime. The Alford pleas is a guilty plea by a defendant who claims to be innocent of the crime for which he is accused. ... No-contest means that you are conceding guilt without admitting that you’re guilty.
What is the benefit of an Alford plea?
Defendants usually enter an Alford guilty plea if they want to avoid a possible worse sentence were they to lose the case against them at trial. It affords defendants the ability to accept a plea bargain, while maintaining innocence .
What is the difference between Alford plea and no contest?
The Alford plea is the guilty acceptance of a crime for a person that claims innocence in the activity. It is similar to the no contest in the acceptance of guilt, but the no contest is for a person that will accept punishment even if he or she does not admit guilt. Both have use to conclude the case in a conviction.
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.
Can I change my plea?
Changing your plea from not guilty to guilty is pretty straight forward. You can do this at any time before your hearing , or on your hearing/trial date. If you are planning on changing your plea to guilty, it is best to do so as soon as possible to give you the best prospects during sentencing.
What happens if you plea no contest?
When you plead guilty in some criminal cases, it is automatically used against you in a civil case. ... However, pleading no contest, while it has the same effect as a guilty plea, means that there is no admission of guilt . This means that there is nothing to use against you in a civil case.
