Can you take a plea deal if you are innocent?
Asked by: Mrs. Eveline Hettinger | Last update: July 12, 2025Score: 4.8/5 (48 votes)
Plea bargain depends on the defendant pleading guilty to a lesser charge or accepting a reduced sentence in exchange for avoiding a jury trial and giving up their trial rights. A factually innocent defendant might wish to agree to take a plea deal and admit guilt to avoid maximum sentence as per the judicial system.
Why might an innocent person take a plea deal?
The primary reason an innocent person will use an Alford plea is that 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.
Should I pleading guilty even if I'm innocent?
It will be your decision whether to plead guilty or go to trial. Even if you know you have been falsely accused of committing a crime, you will need to consider whether it is in your best interests to enter a guilty plea.
Has anyone ever plead guilty and been found innocent?
About 95% of felony convictions in the United States are obtained by guilty pleas (and at least as many misdemeanor convictions), but only 15% of known exonerees pled guilty (261/1,702). Innocent defendants who plead guilty have an exceptionally hard time convincing anybody of their innocence.
Can you plead guilty and maintain innocence?
The name, Alford plea, is taken from the case North Carolina v. Alford . An Alford plea, also known as a "best-interests plea," registers a formal admission of guilt towards charges in criminal court while the defendant simultaneously expresses their innocence toward those same charges .
What to Do If You Are Considering a Plea Deal
Why should you never take a plea bargain?
Critics argue that plea bargains can result in innocent people pleading guilty to avoid the risk of a harsher sentence at trial. There are also concerns about the consistency and fairness of plea deals, as well as the potential for prosecutorial overreach.
Can you confess and still plead not guilty?
If you have confessed, you don't have to plead guilty, you can still fight the charges. To understand how to attack a false confession, it is important first to understand the interrogation tactics used by CID, NCIS, OSI and just about every law enforcement agency.
Why you should never plead guilty?
By maintaining a not guilty plea, you ensure that your right to a fair trial is preserved, and the burden of proof remains squarely on the prosecution. Additionally, pleading not guilty allows your defense attorney the necessary time and opportunity to build a robust defense.
Do you go to jail right away if you plead guilty?
In most cases, you will not be taken directly to jail. Instead you will be given a period of time in which to complete your commitment. Jail alternatives such as electronic home detention and community service are commonly imposed instead of jail if you do not have criminal history.
Can you be exonerated after pleading guilty?
California Law
Good cause to withdraw a plea is shown when a defendant at the time of the plea was operating under a mistake, ignorance, duress, fraud, or any other factor overcoming the exercise of his or her free judgment.
Is it better to plead guilty or go to trial?
Potential for Reduced Penalties: Often, prosecutors will offer a reduced sentence if you plead guilty, especially in exchange for cooperating with their case or taking responsibility for your actions. If you are facing serious charges, a plea deal might be more appealing than risking a lengthy sentence at trial.
Do you need a lawyer if you're innocent?
Having a qualified attorney by your side during questioning will allow him or her to help you from saying something that might make you look guilty or could be twisted by the prosecution. A criminal defense lawyer will know and understand if or when your civil rights have been violated.
Does pleading guilty reduce your sentence?
In order to encourage defendants to plead guilty, they will be given reduced sentences in exchange for doing so. When defendants take plea bargains instead of going to court, it saves the court and district attorneys a lot of effort and uncertainty.
Is it illegal to plead guilty if you are innocent?
Coercive in nature, guilty plea deals can be offered and accepted even after an incarcerated person has proven their innocence through solid evidence. Imprisoned individuals can have their sentences reduced or return home with time served — but only if they agree to plead guilty under a conditional plea.
Why do judges reject plea bargains?
However, judges may reject a plea if they believe it is not in the best interest of justice, it undermines public safety, or it fails to address the severity of the offense adequately. Factors that might lead to rejection include: The seriousness of the crime. The defendant's criminal history.
Why would an innocent person plead no contest?
By pleading no contest as a part of a plea bargain, a defendant can avoid going to trial on a criminal charge. This can be advantageous if a trial's outcome is uncertain or if a defendant doesn't want facts in the case to be aired out in public in a criminal proceeding. This can also be done by pleading guilty.
How long is a plea deal good for?
Most plea offers come with an established expiration date, typically set within a few months of the offer's issuance. Once the original plea offer expires, the prosecutor can choose to either extend the same offer or present a new plea deal with potentially less favorable terms.
How long does a plea hearing take?
This really depends on the court and the number of defendants at the hearing. In some cases, the plea hearing can be over in 10 to 15 minutes. These are quick in and out hearings. In contrast, some plea hearings may take more than 2 hours.
What happens if you don't accept a plea deal?
This means that the defendant must plead guilty to the crime as agreed upon in the plea bargain and accept the sentence that has been negotiated. If the defendant does not follow through with the terms of the plea bargain, the judge may choose to revoke the plea bargain and the case may proceed to trial.
Is it worth pleading not guilty?
We strongly advise that you plead "NOT guilty" because you may leave the courtroom in handcuffs. It happens all the time. Remember, most of our clients never go to jail. Some people worry that if they plead “not guilty,” when they feel they are really guilty, that it could hurt them later.
Why do innocent people plead guilty?
That's because people are far more likely to plead guilty, often in exchange for a reduced sentence, rather than risk a guilty verdict at trial that would come with a more severe punishment, says UMass Lowell Prof. Miko Wilford, who studies how and why people plead guilty – even when they are innocent.
Is pleading guilty bad?
For that reason, pleading guilty always results in a conviction — you waive your right to fight for the complete dismissal of the charges against you or for an acquittal (finding of not-guilty) in a trial. After you plead guilty, you will be sentenced. Depending on the crime, you may face fines, prison time, or both.
Why do people always plead not guilty?
It's a good idea to always plead not guilty at arraignment because it simply provides you and your lawyer time to review the facts, the evidence and begin working to discredit the charges against you. If you plead guilty, you're admitting to the crime. It's not a question of whether you committed the crime.
Is a confession enough to convict?
If you've been charged with a crime in California, the law requires that prosecutors provide independent evidence to convict you—even if you have confessed.
What to do when you plead not guilty?
You are presumed innocent, and the prosecution must prove your guilt beyond a reasonable doubt at a subsequent trial. The next hearing will be a pretrial and trial-setting conference. You and your lawyer, if you have one, are required to be present. At this hearing, pretrial motions and a trial date are set.