There are times when defendants have occasion to use unique methods to address their criminal charges. One such method is called the Alford plea. It is a little-known approach that some defendants can consider under very limited circumstances. What is it, and when is it a good idea?
What is the Alford Plea?
California law allows defendants who maintain that they are innocent despite significant evidence to the contrary to enter the Alford plea. It is similar to a nolo contendere—or no contest—plea, and the defendant may be convicted and sent to prison without ever having to admit guilt. It is useful for defendants who are afraid that the risks of a trial may be greater than the plea itself.
Advantages of the Alford Plea
- Defendants may maintain their claims of innocence, which is an important goal for many who wish to have it recorded as such rather than plead guilty to lesser charges.
- One key benefit of the Alford plea is that defendants have a relatively quick and inexpensive method of addressing their charges. They avoid a long and costly trial, along with the stress and uncertainty of a trial.
- The Alford plea can lead to discussions of a plea bargain for those interested.
- The uncertainties and apprehensions of a trial are minimized, eliminating a trial verdict.
- Defendants can be sentenced without the ordeal and emotional disruption of a trial.
- When there is a concern about being able to find an impartial jury, such as in high-profile cases, there is no need to seat a jury.
- The exhibition of a court case is avoided, giving the defendant a discreet, more private resolution to the case.
- Oftentimes, the judge may believe that a lighter sentence is appropriate than what a jury might choose.
Disadvantages of the Alford Plea
- Although still claiming innocence, the defendant will nevertheless be sentenced, have a criminal record, and endure all the effects associated with that, from social disgrace to future challenges relating to employment and housing.
- Some research suggests that defendants actually wind up with longer sentences when choosing an Alford plea compared to those who simply receive a guilty verdict.
- Sometimes, defendants may feel pressured to take an Alford plea because they are so fearful of the case going to trial, even if it is not the best option for them.
- When it ultimately comes time to petition for parole, it is possible that defendants may be viewed as lacking remorse because they’d maintained their innocence throughout the process.
- The public may misinterpret the plea and be confused about the actual innocence or guilt of the defendant.
- Victims and their families may find the outcome unsatisfying because they wish to hear a defendant take responsibility for the crime.
What is Right for You?
Decisions about pleas of any kind are weighty. Having an attorney who is willing to fight to protect your rights and jockey to get the best possible outcomes for you is more important than ever. At Boertje & Associates, you can count on experienced, ethical legal assistance. To discuss, schedule a confidential consultation in our San Diego office today.