You sustain a broken arm. The right to see, hear, and cross-examine all of the witnesses. That plea, despite being an Alford plea through which Mr. Blackmon maintained his innocence, operated as a waiver to any claims he may have had regarding the underlying joinder issue. If you have been charged with a crime and are uncertain as to how you should plead, you need to seek qualified legal representation immediately. If the court does not feel that it is appropriate, whether because the judge does not like Alford pleas or because the judge is convinced of the defendant's innocence, then the parties must stand down, find another judge, enter a plea with an admission of guilt, or take the case to trial. For a free consultation, call us today at (888) 301-6004 or contact us online. Why Isn't a "No Contest" Plea Evidence in a Civil Suit? You are acknowledging that the State has enough evidence to prove you guilty at trial, but you are not agreeing that you are guilty. What's the difference between an Alford Plea, a Nolo Plea, and a Guilty Plea?
The key difference between entering a guilty plea versus a plea of no contest is that the defendant is not directly admitting guilt for the crime while accepting the punishment. There must also be a specific advantage offered to the defendant for the plea, such as a negotiated reduced charge. They don't have to admit they did what they are accused of; but can still gain the benefit of a plea bargain. In NC v. Alford, the defendant was charged with capital murder – if he went to trial and lost, the state intended to kill him. Sometimes it's an Alford plea, sometimes it's a no-contest plea, and sometimes people just lie and say "I'm guilty" to avoid the potential consequences of a conviction at trial.
Some courts will accept an Alford guilty plea from a defendant, but they are not required to do so. However, the judge can sentence you within the full range of punishment. An Alford plea could be considered when a defendant denies they committed the crime, but they are not willing to risk going to trial and possibly being sentenced more harshly if convicted. Here, we explain what a no contest plea is and the benefits of entering this plea. Enough that the defendant believed he would likely be convicted if he went to trial. The defendant maintains that he is innocent of the charge of which he has been accused, but declines to proceed in his defense in light of the evidence the prosecution has against him. This plea got its name from a famous murder case in which the defendant, Henry Alford, pleaded guilty to second-degree murder because he knew that if he stood trial for first-degree murder, he faced a substantial risk of a conviction and a death sentence. In Florida, the nolo contendere plea can be used like a guilty plea or a conviction when calculating the recommended sentencing for later criminal convictions. A plea of nolo contendere is not technically a guilty plea, but it is treated in much the same way. In still other states, a defendant may not need to make a conditional plea to preserve an issue. The main difference between a nolo contendere plea and an Alford plea is that, in an Alford plea, the defendant formally pleads guilty while, in a nolo contendere plea, the defendant refuses to assert either guilt or innocence.
In practice, Alford pleas are rare. In contrast, if you pled guilty, your plea could be used against you as an admission of fault in a civil case and increase the likelihood that you will owe compensation to the victim. You must accept all the potential consequences of a guilty verdict when entering a Minnesota Alford plea. A Virginia judge may be willing to accept a no-contest plea. Experienced Federal Defense. Some prosecutors' offices have a policy to oppose no contest pleas except "in the most unusual circumstances. In Colorado, the court must consent to a plea of this type. In other words, the victim of a crime can use a no contest plea against a defendant in order to prove their civil lawsuit. As with all plea bargains, an Alford plea is not a right and it is ultimately up to the prosecutor and judge to decide if they will offer it. The waiver also may include any collateral attack rights such as habeas petitions.
While your requirements on probation or your length of jail time will not differ regardless of what plea you choose to enter, this is the only type of plea that will guarantee you the plea deal the prosecutor offered. However, you may also establish the conviction using a certified record or an admission of another party. The court will enter a conviction against you, and the judge will issue a sentence. It could be the person is guilty of the crime, and the evidence will prove their guilt, but the defendant refuses to admit guilt for whatever reason. This webpage is not intended to be an advertisement or solicitation. Can a Guilty Plea Be Considered Evidence in a Civil Claim in Nevada? But how you decide to plead is an incredibly important and often life-altering decision. Problems with Sex Offender Cases. RELATED STORIES: - Atlanta rapper Gunna released after pleading guilty to RICO charge. The court may accept the basis for the no contest plea and allow it to enter as the disposition of the case. What's the Difference Between an Alford Plea and a No-Contest Plea? The defendant accepted this deal and was sentenced to thirty (30) years in prison.
If you plead no contest to a criminal charge, that plea cannot be used against you if a civil lawsuit occurs as a result of that same crime. By refusing to challenge the charges, they are making a statement. Mr. Blackmon faced two indictments, brought two months apart, stemming from one incident.
Additionally, it does not affect enhancement of predicate offenses. It may be the defendant is truly innocent, but the evidence points to their guilt and they know that they will be convicted by a jury when the jurors hear the case against them. Plead guilty or get life in prison… or even, as in the case NC v. Alford, plead guilty or die. Contact our law offices by calling (702) 472 9594 to schedule a free consultation. Are You Looking for a Criminal Defense Lawyer in Charlotte, NC? Some judges may accept a no-contest plea to a felony offense, but it is generally accepted that, per the above statute, no-contest pleas are limited to misdemeanor offenses in SC. But in South Carolina a no-contest plea is exactly the same as a guilty plea, and will result in the same penalties and criminal record.