What is an example of an Alford plea?

• Raven Abaroa - The jury was deadlocked in Raven Abaroa's 2013 trial for the murder of his wife Janet. ...
• Henry Alford – indicted for first degree murder in 1963; maintained his innocence but pleaded guilty to second degree murder due to the significance of the evidence.

What is another name for the Alford plea?

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 is the difference between a Nolo and an Alford plea?

(More detail can be found in our article on "No Contest" Pleas (Nolo Contendere).) A defendant who enters an Alford plea pleads guilty but claims to be innocent. With a no contest plea, a defendant accepts punishment but doesn't admit guilt.

What is it called when you plead guilty but don't admit guilt?

Nolo contendere (/ˌnoʊloʊ kənˈtɛndəri/) is a type of legal plea used in some jurisdictions in the United States. It is also referred to as a plea of no contest or no defense. It is a plea where the defendant neither admits nor disputes a charge, serving as an alternative to a pleading of guilty or not guilty.

What is a standby plea?

A standby plea is another less common type of plea that involves a defendant entering a guilty or no contest plea while maintaining the right to appeal specific legal issues.

What does "nolo contendere" mean?

Pleading no contest (sometimes called nolo contendere) in a California criminal proceeding means that the defendant agrees to accept a conviction for the crime(s). However, he or she does not admit to being factually guilty when entering the plea.

What is the rarest type of guilty plea?

A Nolo Contendere plea is rare in federal criminal cases. In a Nolo Contendere plea, the defendant does not admit his factual guilt, but accepts the punishment on the premise that the government's evidence is strong enough for a conviction.

What states have the Alford plea?

The Alford plea is available in all states in the country except Indiana, Michigan and New Jersey. While it is important to make an intelligent determination about the possible choices available, the judge may decide that the plea is unintelligent, involuntary or inaccurate based on the factors of the case.

What is the Alford plea case law?

In North Carolina v. Alford (1970), the Supreme Court held that defendants who claim innocence but perceive their chances of acquittal at trial to be too risky can still plead guilty so long as there is a sufficient factual basis of guilt against the defendant.

What is the best plea in court?

Even if a person believed they are guilty of the offense, pleading not guilty is usually the safest bet. A no contest plead means you neither agree or disagree with the charges against you, and you are just pleading to close the case.

Does Texas allow Alford plea?

Another type of plea, an Alford plea, is only available in federal cases and only in some states, including Texas. An Alford plea means that the defendant maintains their innocence but agrees to plead guilty because the evidence against them would likely result in a guilty verdict at trial.

What is an open plea?

In many places, "open plea" refers to the defendant pleading without any promise from the prosecution as to what sentence it will recommend. Defendants sometimes reject offers and choose open pleas in the hope that they'll receive a better sentence than they would under the prosecution's proposal.

Can a judge say no to a plea deal?

The judge has the authority to accept or reject a plea bargain. They will consider the nature of the charges and the defendant's criminal history, if any, as well as the circumstances surrounding the case.

What happens when you refuse a plea bargain?

Suppose a plea deal is rejected, and the case proceeds to trial. In that case, the defendant will have the opportunity to present their case, challenge the prosecution's evidence, and have their guilt or innocence determined by the judge or jury.

What is not guilty by reason of insanity?

“Not guilty by reason of insanity” is a plea by a criminal defendant who admits the criminal act, but claims that they were mentally disturbed at the time of the crime and lacked the mental capacity to have intended to commit a crime. Such a plea requires that a court conduct a trial on the issue of insanity alone.

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.

What does nolo stand for?

Found almost exclusively in the legal term nolo contendere , nolo means "I do not want" or "I do not wish" or "or I choose not" in Latin.

What is the word for accused but not guilty?

acquitted. An acquitted defendant is off the hook. If you're on trial for a crime and you're found "not guilty," then you're acquitted and you can go free.

Is no contest a good plea?

A no contest plea could increase the chances that the defendant's reputation throughout the community remains unharmed. While this may be beneficial in certain circumstances, it could also result in a higher sentence from the court (see next paragraph).

What is an improvident plea of guilt?

An improvident plea of guilty on the part of the accused when capital crimes are involved should be avoided since he might be admitting his guilt before the court and thus forfeit his life and liberty without having fully comprehended the meaning and import and consequences of his plea.

What is the Alfred Doctrine?

Al·​ford doctrine ˈal-fərd- law. : a legal doctrine under which a criminal defendant who does not admit guilt is allowed to plead guilty as part of a plea bargain provided the plea is made voluntarily and with knowledge of the consequences.