In many personal injury cases the insurance company will offer a settlement agreement that pays the injured party a certain amount of money, but part of the deal is that the company will not admit guilt or wrongdoing for their role in the incident. But did you know a similar system is in place from criminal trials? While it doesn’t absolve you from punishment, there is an option that allows you to plead in reference to certain charges without expressly admitting guilt. In today’s blog, we take a closer look at what’s known as an Alford plea.
Understanding An Alford Plea
Alford pleas allow the defendant to save a little face before their trial. Essentially, an Alford plea allows a person to maintain their innocence when agreeing to the plea, while at the same time admitting that the prosecution probably has sufficient evidence to convict the individual of the charges being levied. It does allow you to officially maintain your innocence, but in the eyes of the judge, it’s not going to influence your sentence compared to if the case had played out and you’d been found guilty.
You must follow a few steps in order for an Alford plea to be entered on your behalf.
1. You must state that you are entering an Alford plea and that you understand what it means to enter an Alford plea.
2. You must then answer a few questions posed by the prosecution or a judge that helps showcase that you are voluntarily entering the plea and that you fully understand what that means. The questions are:
A. Have you read the complaint, police reports, and other evidence in the case?
B. Do you understand that at trial the government’s witnesses would testify that (summary of the case) occurred?
C. Do you believe the evidence the government would present is enough for a jury to find you guilty beyond a reasonable doubt?
D. Are you entering you plea in order to take advantage of a plea bargain offered by the government?
These questions need to be asked because in theory, a good lawyer could argue that the plea was not made voluntarily or knowingly and have it thrown out. By answering the above questions, it makes it easier for all sides to understand exactly what needs to be done in order for an Alford plea to be accepted.
While it is an interesting tool, it’s really not all that useful for the defendant. Unless specific conditions are met, like the fact that an Alford plea could allow a person to keep their job whereas a conviction could result in their termination, an Alford plea doesn’t really offer all that much to a defendant. You’re still going to face the same potential punishments, and for most individuals, their conviction will be little more than a semantics argument. In the right unique situation, it could be a perfect option for a client with few other options, but for most people, an Alford plea isn’t likely worth the trouble.
For help with your case, or if you’re wondering if a plea deal is in your best interest, reach out to Avery and the team at Appelman Law Firm today.
