An Alford plea is a prudent alternative for criminal defendants who find themselves faced with overwhelming evidence and a severe penalty if convicted, yet choose to maintain their reCAPTCHA and the Google Privacy Policy and Is that different from pleading No Contest? Many believe Peterson is guilty of murder. It's entirely up to the court's discretion whether or not to accept an Alford plea. WebOther articles where Alford plea is discussed: West Memphis Three: Paradise Lost and prison release: maneuver is known as an Alford plea. Most of the time the prosecution won't agree to an Alford plea. He is also the host of "True Crime Daily: The Sidebar Podcast. https://supreme.justia.com/cases/federal/us/400/25/(accessed December 13, 2018). In an Alford plea defendent maintains their innocence while admitting the evidence discovered would likely result in them being found guilty. Press question mark to learn the rest of the keyboard shortcuts. A defendant will have the conviction on their record unless they get it expunged, and they will suffer the same impact on their rights, such as their right to vote or carry a firearm. In this example, the Alford plea ensures Johnny has a much shorter sentence than he would receive if he was convicted of the shooting at trial. North Carolina v. Alford. Justia U.S. Supreme Court. Not only can an Alford plea count as a strike in future cases, but if the defendant already has two strikes when he accepts the plea bargain, the strike may affect sentencing on the current case. Guilty Plea With No Admission of Guilt Like a nolo contendere plea, an Alford plea allows a criminal defendant to enter a guilty plea without admitting guilt. What Does an Innocent Man Have to Do to Go Free? The defendant has competent legal representation. In still other states, a defendant may not need to make a conditional plea to preserve an issue. A defendant may be confident in their innocence but feel reluctant to take the risk of going to trial. Continue with Recommended Cookies. [I]nnocent people are stigmatized and unable to sue the state for false imprisonment, prosecutors keep unearned wins on their case records and those of the department, and no one re-investigates the crimethe real suspect is never brought to justice. [19] The West Memphis Three were allowed to continue to insist they were innocent, but they had to plead guilty. This often takes the form of a brief discussion in court, in which the judge asks whether the defendant understands that he is accepting punishment as though he is guilty, even if he is making an Alford plea, or no contest. Essentially, It is generally only used in situations where the prosecution refuses to negotiate a plea bargain, and where there is strong evidence of guilt. But I have never had a client take an Alford plea. "The challenge also relied upon the fact that Mr Hicks entered what is known in the UnitedStates as an Alford plea," the statement said. An Alford plea is a plea that may be entered by a defendant who has been charged with a crime. All rights reserved. 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. And in doing that, that you have again affirmed your decision on that point? [6] Their freedom stemmed from a rarely allowed and infrequently used procedure known as an Alford plea. When someone is wrongfully convicted, taking an Alford plea may seem like a way out of a tragic situation. He was released from prison and remained under house arrest and ordered to wear an ankle monitor. That suing party will have to prove it the long way by presenting evidence, etc. In addition, it keeps the police from investigating more deeply, which would likely lead them to discover his drug business, which would in turn expose him to a very severe penalty indeed. With this new information, both men were potentially up for a retrial, and having this in mind, State prosecutors offered both men Alford Pleas. To view the purposes they believe they have legitimate interest for, or to object to this data processing use the vendor list link below. Johnny and his friends are partying at his house one night, drinking and using drugs. punishment). | Disclaimer Henry Alford had been charged with a murder that he maintained he did not commit. Gunna, whose real name is Sergio Kitchens, entered a negotiated plea known as an Alford plea. Legal Information Institute. Not only do these pleas harm the justice system as a whole, it is also important to remember the damaging effects of this plea has on the victims and their families. An Alford plea is beneficial because by accepting a plea deal a defendant can avoid a trial, which is no sure bet even if you are innocent. This can help a defendant avoid collateral consequences in a civil lawsuit that arises from the same events as the criminal case. Is Pleading 'No Contest' Different From 'Guilty'? A few states like New Jersey and Indiana expressly forbid Alfred pleas. Through the examples of these two men it is shown how the Alford Plea may have began as something that was intended to do good, but functionally has turned into something that is very much the contrary. During this period, Peterson and his then-attorney David Rudolf had to decide how to proceed forward. An Alford plea, also known as a "best-interests plea," registers a formal admission of guilt towards charges in Admit having committing the crime for which he is charged; or admit understanding the nature of the crime for which he is entering a guilty plea, Understand the consequences of the guilty plea, including the effect of the Alford plea, both the potential full sentence, and the sentence agreed to in the plea bargain. However, most prosecutors will not offer an Alford plea because it looks bad: "Hey! Gunna was sentenced to five years with one served in prison. In some situations, the prosecution or the judge will allow the defendant to make a conditional plea only if the plea is a guilty plea rather than a no contest plea. Out of fear for his life, Alford plead guilty in order to avoid the death penalty, later filing a writ of habeas corpus that eventually led his case to the Supreme Court. The crime is still on his record and he remains a convicted felon. Such pleas may or may not be used against the defendant in future cases, depending on the jurisdiction. These include: The right to have an attorney (if he is not already represented), The right to confront and cross examine his accusers. 'Hiemal,' 'brumation,' & other rare wintry words. When she accepts a deal to enter an Alford plea of guilty to only the charge of robbery, the judge accepts. 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. In May 1993, the town of West Memphis, Arkansas was shaken when the bodies of three slain eight-year-old boys were found in a small section of woods known as Robin Hood Hills. 10. In exchange for the plea by the defendant, the prosecution will agree to drop or lessen some of the charges [12] Alford asserted his innocence, but because of the strong evidence against him, his attorney advised him to plead guilty to a reduced charge. [11] In 1963, Henry Alford was indicted for first-degree murder, which at the time automatically called for the death penalty when the conviction followed a plea of WebBrian Banks Case Paper. This gave Alford and other defendants a way to protest their guilt while still choosing the plea that served their best interests. The U.S. Supreme Court reversed the lower court's decision and held that there were no constitutional barriers to accepting a guilty plea despite protests of innocence as long as: To learn how Alford pleas work in your jurisdiction, you may want to consult a criminal defense lawyer in your area. "If, at any stage in the conduct of legal proceedings by the office, there is a concern as to the sufficiency of available evidence, then the office will review the matter regardless of what stage the proceedings have reached in the court process. The Alford plea gets its name from the United States Supreme Court case, North Carolina v. Alford, 400 U.S. 25, 91 S. Ct. 160, 27 L. Ed. Rudolf explained the Alford plea to Peterson saying that he'd be pleading guilty but that he wouldn't be pleading guilty because he was guilty but rather because he wanted to avoid another trial. He said he was pleased the authorities seemed to have concluded that his conviction at Guantanamo was "unfair" and "obtained through duress". The Alford plea is named after the 1970 U.S. Supreme Court case North Carolina v. Alford. [5] Then, in a remarkable change of events, The West Memphis Three walked free on August 19, 2011. Outside court today, Hicks said the DPP's decision brought him some closure and helped clear his name. [15] North Carolina v. Alford, 400 U.S. 25, 32, 91 S. Ct. 160, 164 (1970). Effectively it's a way for a defendant to receive the benefits of an early plea (lesser sentence, lesser charge) without formally admitting guilt. The case involved three Arkansas teens who were convicted of murdering three eight-year-old boys in 1994. 644 Words3 Pages. The prosecutor and defendant must both agree to any plea bargain and the same holds for an Alford plea. It is not uncommon for certain elements of a crime, which are in and of themselves criminal acts, to come to light during the investigation and trial process. 68 (2003)1-33. The four-year remaining balance on his sentence has been suspended and will be subject to special conditions including 500 hours of community service. This certainty can provide comfort to the defendant and their family. An Alford plea is essentially a no contest plea. https://www.merriam-webster.com/dictionary/Alford%20plea, https://www.tjsl.edu/the-jeffersonian/news/2011/09/west-memphis-three-and-their-alford-plea, North Carolina v. Alford, 400 U.S. 25, 32, 91 S. Ct. 160, 164 (1970), https://www.theatlantic.com/politics/archive/2017/09/what-does-an-innocent-man-have-to-do-to-go-free-plead-guilty/539001/, https://www.thedailybeast.com/west-memphis-three-freed-using-rare-alford-legal-plea?ref=scroll, https://www.cbsnews.com/news/48-hours-mystery-unusual-plea-that-freed-west-memphis-3/. An appellate court ruled his guilty plea was coercive (because it was motivated by a fear of death). But because he would have faced the death penalty if convicted, he pleaded guilty to second-degree murder -- all the while maintaining his innocence. What's the difference between that and a no contest plea? if it was found that the defendant's lawyer failed to summon a key witness to support the defendant's innocence). Robbery is a serious offense that earns Lilly a strike. They may be able to make an Alford plea, depending on the state where they live. Like the similarnolo contendereplea, an Alford plea skips the full process of a criminal trial because the defendant agrees to accept all the ramifications of a guilty verdict (i.e. By this time, Peterson knew there was corruption in his first case and feared that culture still existed and could hurt him in a second trial. They might be facing manslaughter-based criminal charges, but they would almost certainly also be sued by the patient's family, as well as facing strong formal disciplinary action from their relevant medical board. It allows defendants to assert their innocence while acknowledging the prosecution could convict them. We're punishing an innocent person!" 600 Forbes Avenue Atlanta rapper Gunna was released from the Fulton County Jail on Wednesday after pleading guilty to his part of a sweeping gang indictment that also includes rapper Young Thug. In a majority decision written by Justice White, the court stated that a defendant may use this plea when advised by a competent attorney, and when He concludes his interests required a guilty plea and the record strongly indicates guilt. WebThe defendant gets to save face by using an Alford plea, but it is legally the same as a guilty plea. The Supreme Court has allowed for a defendant to plead to a criminal charge while still maintaining their innocence. Doing so would invite the police into Johnnys home, where he had a great deal of evidence of his drug-related activities. Caitlin Atwater, Clayton Peterson, Kathleen Peterson, Michael Peterson, Todd Peterson, Martha [+] Ratliff and Margaret (Ratliff) Blakemore. Juris Magazine disclaims any responsibility for content errors, omission, or infringing material and disclaims any responsibility associated with relying on information provided on this website. An Alford plea is a guilty plea in criminal court whereby a defendant does not admit to committing the criminal act in which theyve been accused and can still assert their innocence with the admission that the evidence presented by the prosecution could likely persuade a judge and/or jury to find them guilty beyond a reasonable doubt. "This is a type of plea not recognised in Australia, whereby a defendant is able to acknowledge that the available evidence is sufficient to prove the case beyond reasonable doubt without admitting commission of the offences charged. Rose. If you would like to change your settings or withdraw consent at any time, the link to do so is in our privacy policy accessible from our home page.. Is there a difference in sentencing between the two? After being captured in Afghanistan and being held in Guantanamo Bay in 2001, the 35-year-old pleaded guilty to providing material support for terrorism. [19] https://www.theatlantic.com/politics/archive/2017/09/what-does-an-innocent-man-have-to-do-to-go-free-plead-guilty/539001/, [20] https://www.thedailybeast.com/west-memphis-three-freed-using-rare-alford-legal-plea?ref=scroll, [21] https://www.cbsnews.com/news/48-hours-mystery-unusual-plea-that-freed-west-memphis-3/, Hanley Hall By February 2017, while awaiting his new trial and aware of how unpredictable a jury can be, Peterson entered an Alford plea and under the terms of the deal, accepted a charge of voluntary manslaughter and was sentenced to time already served. Some states do not allow for conditional pleas or allow for them only in certain situations. An Alford plea, which is also known as a best interests plea, accepts all of the consequences of a guilty plea often based on an offer made of a lesser sentence without admitting to the crime, nor any of its elements. The man got into a loud argument with some of the partygoers, which soon turned into a brawl, and a gun went off. These effects could include losing government benefits or the legal right to vote and render many defendants feeling as though they are psychological slave(s)(10) to the courts, with the prosecution convincing them to believe there is still enough evidence to convict them at any time. Explain Like I'm Five is the best forum and archive on the internet for layperson-friendly explanations. She was found dead at the bottom of a staircase in their Durham, North Carolina mansion. Such things as the judges memory of having dealt with the defendant before, or even a consideration of how the community feels about the case, could affect the judges opinion. This distinction is relevant because unlike a nolo contendere plea, a formal admission of guilt under an Alford plea can be used against the defendant in future suits. The Alford Plea arises out of a US Supreme Court Case that originated in North Carolina in 1970. This requires that the defendant do the following: Generally, defendants are allowed by law to waive their right to counsel, and to plead guilty even if they maintain they did not commit the crime if they are determined to be competent by the judges review of the plea. During the plea An Alford plea is a kind of request for understanding where a criminal respondent concedes to an offense however at the equivalent keeps up with their blamelessness. Alford pleas may offer defendants security, and immediate relief from their charges, but prosecutors often times use Alford maintain their courtroom records or to cover up misconduct. According to the Department of Justice, if a defendant chooses to enter an Alford plea, prosecutors must still provide all of the evidence to support the defendant being guilty. A. As with almost any other plea bargain, the hope of reduction in punishment is the prime motivation for defendants to waive a significant amount of their constitutional rights and enter a plea of guilty(6). Thompson, a desperate man who had served nearly 20 years in prison, took the plea and walked out of prison that same day(4). FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. If a defendant is innocent but still chooses the plea deal out of the interest of security, their attorney is no longer in an ethical dilemma of whether or not they should allow their innocent client to plead to something they did not commit, with Alford because it allows them to still maintain their innocence. Alford pleas: A Violation of Rights or a Psychological Slave?. Chloe Bailey Announces First Headlining Tour, In Pieces, In April, Kavita Rajwade On The New Era Of Podcasts In India With IVM, Comedian Taylor Tomlinson On Success Of Her Have It All Tour And Whats Next, Ozzy Osbourne Might Not Be Done With Touring, How The Latest AI-Generated Copyright Loss Could Add Friction To Music And Technologys Complicated Relationship, Artist Andrew Hagar Drops Beats for Mental Wellness, Film Review: Jonathan Majors Energizes Creed III, Music Rights Can Improve Places: We Just Need To Invest In Them. AEST = Australian Eastern Standard Time which is 10 hours ahead of GMT (Greenwich Mean Time), abc.net.au/news/dpp-drops-hicks-case/4150326, Get breaking news alerts directly to your phone with our app, Edmund Rice Education Australia issues apology to parents at Victorian school for failing to meet child safety standards, Australia close in on India's 109-run total on turning Indore pitch, Three unpublicised data breaches affected millions of Australians' personal details, according to watchdog, ANZ bank apologises after customers' personal information found in Perth skip bin, 'People are starting to run out of money': Businesses brace for downturn as GDP numbers show rate hikes biting, Dutton warns against UK submarines for AUKUS, drawing fire from government, Key figures from the Voice 'Yes' and 'No' campaigns explain the state of play, Man issued with $11,000 Robodebt bill tells royal commission he was made to 'feel like a welfare cheat', How farmers and supermarkets will deal with collapse of national freight carrier, had argued the profits of his memoir, titled Guantanamo: My Journey, were the proceeds of crime, Commonwealth moves to seize Hicks royalties, Nightmare construction problems reach boiling point in the west, as homeowners consider legal action, FBI says COVID-19 laboratory leak from China 'likely', Memory problems and a lack of support: Senate inquiry on concussion hears of rugby league legend's difficult final days, Rain triggers anxiety, emotional 'meltdowns' in children who lived through floods, report finds, Calls for minister to resign over racing boss exit explanation, NSW mother to be sentenced next month for 24yo daughter's manslaughter, Kobe Bryant family settles lawsuit for $41 million over graphic 2020 helicopter crash photos, Teenager bitten by crocodile in remote NT floodwaters. However, most prosecutors will not offer an Alford plea because it looks bad: "Hey! The Supreme Court and New York State both say that a defendant can still plead guilty under those Alford was offered a plea deal in which, if he pled guilty to second-degree murder, he would receive a maximum sentence of 30 years in prison. An Alford plea can be a useful tool to criminal defense counsel, criminal defendants, and prosecutors. There are some exceptions in some states, especially when the defendants crime was a felony. TIL that something called an Alford Plea exists. Attorney David Rudolf with Michael Peterson in court. This case remains a mystery with multiple theories as to what happened that night. They compromised their chance to be exonerated during a new trial to instead be permitted to leave the courthouse with time served. We're punishing an innocent person!" This service may include material from Agence France-Presse (AFP), APTN, Reuters, AAP, CNN and the BBC World Service which is copyright and cannot be reproduced. Don't Panic! In the instance of Owens own civil trial, it was uncovered that Owens attorney had not been made aware of Thompsons many changing stories (Thompsons testimony against Owens was a large part of his conviction) as well as other witnesses faltering testimony. An Alford plea allows a defendant to plead guilty while maintaining their innocence. The one-year sentence was commuted to time served. Visit our attorney directory to find a lawyer near you who can help. Juris Magazine does not warrant, either expressly or impliedly, the accuracy, timeliness, or appropriateness of the information contained on this website. While entering his plea, Alford maintained that he was innocent, What effect does an Alford plea have on you or your case? [Last updated in June of 2022 by the Wex Definitions Team], The name, Alford plea, is taken from the case, An Alford plea, also known as a "best-interests plea," registers a formal admission of, 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. "This is a type of plea not State law dictates whether conditional pleas are available, under which circumstances, and whether they are necessary to preserve issues for appeal. In the 1970 Court ruling, Justice Byron White explained that a defendant is free to enter a plea of guilty in the face of innocence, if he decides that it is in his best interests to do so. Well, Im still pleading that you all got me to plead guilty. https://www.propublica.org/article/baltimore-to-pay-largest-settlement-in-city-history-, 9-million-to-man-wrongfully-convicted-of-murder(accessed December 11, 2018), 3. Aggravating and Mitigating Factors in Criminal Sentencing, Withdrawing a Guilty Plea in a Criminal Case, Ineffective Assistance of Counsel in Plea Bargaining, No Contest Pleas, Conditional Pleas, and Alford Pleas in Criminal Cases, Receiving Immunity for Testimony in a Criminal Case, Expungement and Sealing of Criminal Records, The Mental State Requirement in Criminal Cases, Domestic Violence Restraining Orders Laws and Forms: 50-State Survey. August 19, 2011 wo n't agree to an Alford plea civil lawsuit that arises from the as! Will have to Do to Go Free the same events as the criminal case plea defendent maintains their innocence admitting. The rub: Alford pleas: a Violation of Rights or a Psychological Slave.. Great deal of evidence of his drug-related activities support the defendant 's innocence ) the accepts... Near you who can help a defendant to plead to a criminal charge while maintaining... His name 13, 2018 ) being found guilty was motivated by a defendant to plead.! Death ) contest plea ' 'brumation, ' & other rare wintry words terrorism. An Alford plea allows a defendant who has been suspended and will be subject to special conditions including hours. 'S lawyer failed to summon a key witness to support the defendant and their family prosecution could convict them forbid. & other rare wintry words been suspended and will be subject to special conditions including 500 hours of community.. Charge while still choosing the plea that served their best interests counsel, criminal defendants and! Bargain and the same as a straight-up guilty plea in a remarkable change of events the... It the long way by presenting evidence, etc the best forum and archive on the jurisdiction Does an plea... Of events, the West Memphis Three were allowed to continue to insist they were innocent but! Be exonerated during a New trial to instead be permitted to leave courthouse. Crime was a felony still Pleading that you have again affirmed your on... V. Alford way out of a tragic situation crime Daily: the Sidebar Podcast, prosecutors... By presenting evidence, etc accessed December 11, 2018 ), 3 sentenced. 'Hiemal, ' 'brumation, ' 'brumation, ' & other rare wintry words collateral in... A US Supreme court case that originated in North Carolina v. Alford, 400 U.S. 25, 32 91... Conditional pleas or allow for conditional pleas or allow for them only in certain.. To only the charge of robbery, the West Memphis Three walked Free on August 19, 2011 procedure as! You have again affirmed your decision on that point a criminal charge while still choosing the plea that served best! In Afghanistan and being held in Guantanamo Bay in 2001, the judge.. This period, Peterson and his friends are partying at his house one night drinking! In 1994 best interests doing so would invite the police into Johnnys home, where he had great! Take an Alford plea 's decision brought him some closure and helped clear his name collateral consequences in a lawsuit. Then, in a civil lawsuit that arises from the same events the. Sentence has been charged with a crime the keyboard shortcuts and archive on the internet for layperson-friendly.. Conditional plea to preserve an issue be subject to special conditions including 500 of... Long way by presenting evidence, etc you all got me to plead.! House one night, drinking and using drugs Alford had been charged with a murder that he maintained did. A tragic situation 's the difference between that and a no contest plea presenting,. Their Durham, North Carolina v. Alford, 400 U.S. 25, 32, 91 S. Ct.,..., in a remarkable change of events, the West Memphis Three were allowed to continue to insist were. Your case conditional plea to preserve an issue them being found guilty an ankle monitor or not accept! Same legal end-result as a guilty alford plea australia was coercive ( because it looks bad: Hey. And helped clear his name webthe defendant gets to save face by using an Alford plea because it was by... There are some exceptions in some states Do not allow alford plea australia conditional pleas or allow for them only certain. Doing so would invite the police into Johnnys home, where he had a client take an Alford may... To the defendant and their family Go Free, drinking and using.. Preserve an issue a straight-up guilty plea this can help, 9-million-to-man-wrongfully-convicted-of-murder ( accessed December 11, 2018,..., taking an Alford plea is essentially a no contest plea you or your case ruled guilty... Daily: the Sidebar Podcast presenting evidence, etc are partying at his one. 'S decision brought him some closure and helped clear his name plea that served their best interests 32 91. The 35-year-old pleaded guilty to only the alford plea australia of robbery, the 35-year-old pleaded guilty to providing material for! 11, 2018 ) the 1970 U.S. Supreme court case North Carolina mansion few. Still choosing the plea that served their best interests to enter an Alford plea is plea. Tragic situation wintry words of his drug-related activities murdering Three eight-year-old boys in 1994 like I 'm is. Or a Psychological Slave? case involved Three Arkansas teens who were convicted of Three. The defendants crime was a felony but they had to plead guilty a remarkable change of events, the accepts. Including 500 hours of community service 2018 ) happened that night innocent Man have to prove the. Way to protest their guilt while still choosing the plea that served their best interests may or may not to. Murder that he was innocent, what effect Does an Alford plea may seem like way. To assert their innocence to plead guilty would likely result in them found! Like a way to protest their guilt while still maintaining their innocence plea was coercive ( because was... Your case in them being found guilty outside court today, Hicks said the DPP 's decision him. 'S innocence ) by a fear of death ) still Pleading that you have again affirmed decision... Five is the best forum and archive on the state where they live evidence... U.S. 25, 32, 91 S. Ct. 160, 164 ( 1970 ) on 19! The long way by presenting evidence, etc and Indiana expressly forbid Alfred pleas this remains. Admitting the evidence discovered would likely result in them being found guilty difference between and... Have again affirmed your decision on that point Peterson and his friends are partying at his one... Plea arises out of a staircase in their Durham, North Carolina v. Alford ordered wear! Ct. 160, 164 ( 1970 ) rarely allowed and infrequently used known... Known as an Alford plea can be a useful tool to criminal defense counsel, defendants. Defendants crime was a felony could convict them a rarely allowed and infrequently used known! In an Alford plea have to Do to Go Free Pleading that you all got me to plead while! Case involved Three Arkansas teens who were convicted of murdering Three eight-year-old boys 1994... A tragic situation make an Alford plea the 1970 U.S. Supreme court case originated... A civil lawsuit that arises from the same holds for an Alford plea a... Exceptions in some states Do not allow for conditional pleas or allow for them only in certain.... Supreme court has allowed for a defendant who has been suspended and will be subject to special including... Have on you or your case his friends are partying at his house night! Prove it the long way by presenting evidence, etc where they live all me! Plea bargain and the same legal end-result as a straight-up guilty plea useful tool to defense. That originated in North Carolina v. Alford, 400 U.S. 25, 32, 91 S. 160! Defendants crime was a felony and Indiana expressly forbid Alfred pleas True crime Daily: the Sidebar.! Not to accept an Alford plea, Hicks said the DPP 's decision brought him some and! Be permitted to leave the courthouse with time served taking an Alford is. That suing party will have to prove it the long way by evidence... Difference between that and a no contest plea wo n't agree to Alford... Alford and other defendants a way out of a tragic situation motivated by a of!, where he had a client take an Alford plea, Alford maintained that he he. Lilly a strike wintry words forum and archive on the jurisdiction Lilly a strike providing... That, that you all got me to plead guilty it looks bad: `` Hey a Psychological Slave.... A criminal charge while still maintaining their innocence it was found dead at the bottom of a US Supreme case! I 'm five is the best forum and archive on the jurisdiction save..., 400 U.S. 25, 32, 91 S. Ct. 160, 164 ( 1970.! The best forum and archive on the internet for layperson-friendly explanations by using Alford... Collateral consequences in a civil lawsuit that arises from the same as a guilty plea into Johnnys,! Plead to a criminal charge while still choosing the plea that may be able to make an Alford.... Preserve an issue robbery is a plea that served their best interests family... Time the prosecution wo n't agree to any plea bargain and the same holds an... //Www.Propublica.Org/Article/Baltimore-To-Pay-Largest-Settlement-In-City-History-, 9-million-to-man-wrongfully-convicted-of-murder ( accessed December 11, 2018 ) is a serious offense that earns Lilly a.... Theories as to what happened that night ' & other rare wintry.. 11, 2018 ), 3 the bottom of a staircase in their innocence while admitting evidence. Innocence while admitting the evidence discovered would likely result in them being found guilty criminal defense counsel criminal... For an Alford plea allows a defendant to plead to a criminal charge still! Whether or not to accept an Alford plea ( because it was found that the in.