What is the legal definition of an Alford plea?
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 is the sentence for an Alford plea?
The criminal consequences of an Alford plea are the same as pleading guilty or no contest. The court still treats an Alford plea as a guilty plea and imposes a criminal sentence, which may include a prison sentence and fines. The defendant still has a criminal conviction on their criminal record.
How does the Alford plea work?
An Alford plea is a guilty plea in which a defendant maintains their innocence and does not admit to the criminal act they are accused of, but admits that the prosecution has sufficient evidence to persuade a judge or jury to find the defendant guilty, and thus agrees to be treated as guilty.
What are the advantages of an Alford plea?
3′ The added benefit of the Alford plea, according to some observers, is that the defendant may obtain the benefits of a plea bargain, and avoid the dangers of trial, without actually admitting that he committed the offense in question.
Is an Alford plea the same as a guilty 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.
Is an Alford plea the same as guilty?
What is the difference between an Alford plea and a guilty plea?
A nolo contendere plea means the defendant accepts whatever punishment the court deems fit but does not admit guilt. An Alford plea means the defendant is pleading guilty but claims his or her innocence. A conviction will result from either plea.
Who started the Alford plea?
Henry C. Alford
The Alford Plea originated from a 1963 trial in North Carolina. Henry C. Alford was on trial for first-degree murder and insisted that he was innocent, despite three witnesses who said they heard him say he was going to kill the victim, that he got a gun, left the house and returned saying he had killed him.
What problems are associated with Alford and nolo contendere pleas?
Defendants can in effect plead guilty by entering Alford and nolo contendere pleas, even if they protest their inno- cence or refuse to admit guilt. These pleas risk not only convicting innocent defendants, but also impeding the reform, education, and condemnation of guilty defendants.
Is an Alford plea the same as nolo contendere?
A nolo contendere plea means the defendant accepts whatever punishment the court deems fit but does not admit guilt. An Alford plea means the defendant is pleading guilty but claims his or her innocence.
Is the Alford plea constitutional?
A conviction under an Alford plea may be used as a conviction for later sentencing purposes. However, one state supreme court has held that an Alford plea, unlike a criminal trial, does not provide a full and fair hearing on the issues in the case, and therefore does not preclude later litigation of the issues.
How would a defense attorney describe the difference between a nolo Cotendere plea and an Alford plea to his client?
How would a defense attorney describe the difference between a nolo cotendere plea and an Alford plea to his client? The only difference between a nolo cotendere plea and an Alford plea is that you do not say you are innocent in a nolo plea, but you claim innocence in an Alford plea that also asks for leniency.
The Impact of an Alford Plea is the Same as a Guilty Plea. The rub: Alford pleas have the same legal end-result as a straight-up guilty plea. While Alford pleas may give a Defendant the peace of mind that they admitted to the judge that they are guilty of the crime or crimes charged, the plea is the functional equivalent of a guilty plea.
What does Alford plea mean?
The Dictionary of Politics: Selected American and Foreign Political and Legal Terms defines the term “Alford plea” as: “A plea under which a defendant may choose to plead guilty, not because of an admission to the crime, but because the prosecutor has sufficient evidence to place a charge and to obtain conviction in court.
What is an an Alford plea?
On July 26, Clifton Eugene Onley, 58, of Mitchellville, entered an Alford plea to six counts in circuit court in connection with an incident that occurred last Nov. 23. A sentence was handed down during the hearing. Two counts of second degree assault
Is it possible to appeal an Alford plea?
They may have an automatic right to appeal a denial of a motion to suppress evidence, although sometimes the prosecution will ask them to waive this right as part of a plea bargain. The right to appeal based on ineffective assistance of counsel also may be automatic, regardless of whether the plea was conditional. Alford Pleas