Why would someone take an Alford plea?

The primary reason an innocent person will use an Alford plea is because he or she lacks the evidence to support the defense. Often, in criminal cases, the alibi is weak, the evidence lacks strength against the prosecution’s argument or there is no evidence to support the defending party against conviction.

Can a judge reject an Alford plea?

However, when the parties agree upon a negotiated plea that requires that the defendant perform certain conditions, the court retains jurisdiction until the conditions are satisfied. If the defendant doesn’t satisfy the conditions, the judge can reject the plea and resentence the defendant.

Is an Alford plea the same as a no contest plea?

Both an Alford plea and a no-contest plea are the functional equivalents of a guilty plea. A defendant who enters an Alford plea pleads guilty but claims to be innocent. With a no-contest (or “nolo contendere”) plea, a defendant accepts punishment but doesn’t admit guilt. Both kinds of plea result in convictions.

In what situations would a defendant be wise to take a plea deal?

Often, a plea bargain involves reducing a felony to a misdemeanor. This can be especially useful because it may allow the defendant to preserve their civil rights, retain a professional license, and protect their job prospects.

How common are Alford pleas?

Court and government use About 17\% of State inmates and 5\% of Federal inmates submitted either an Alford plea or a no contest plea, regardless of the type of attorney. This difference reflects the relative readiness of State courts, compared to Federal courts, to accept an alternative plea.”

When a defendant stands mute at her arraignment she is considered to have entered a?

When the defendant “stands mute” at his/her arraignment. Not guilty plea entered. Same as a guilty plea but not admitting full guilt.

What is an Alford plea?

The Alford plea is when a defendant, in effect, pleads “no contest” to charges, but does admit guilt during the courtroom prosecution. It is very similar to a “no contest” plea in the acceptance of guilt. However, the “no contest” is for a defendant who will accept punishment without admitting guilt.

What is the purpose of pleading no contest to a crime?

The purpose of pleading “no contest” is to avoid being sued civilly for essentially confessing to a crime. 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.

When is a plea a legitimate option?

The Supreme Court affirmed that this person should only use the plea in certain circumstances. The plea is legitimate when the individual is able to intelligently conclude that the plea is the best option available. He or she must also have the prosecution against the case with strong indications of guilt.

Can I plead “no contest” in Alabama?

However, the “no contest” is for a defendant who will accept punishment without admitting guilt. Not all states allow a defendant to plead “no contest”, including the state of Alabama. The purpose of pleading “no contest” is to avoid being sued civilly for essentially confessing to a crime.