Virginia law requires individuals acquitted by reason of insanity to undergo an inpatient psychiatric evaluation to determine whether they are a danger to themselves or others. There are several advantages to entering into an Alford plea. The Phillips & Associates Oklahoma Law Blog, Plea Options in Oklahoma: The Alford Plea, Site and Content Copyright Dustin S. Phillips - All Rights Reserved. Updated: Feb 26, 2023 / 11:49 AM CST. Lead Counsel independently verifies attorneys by conferring with state bar associations and conducting annual reviews to confirm that an attorney practices in their advertised practice areas and possesses a valid bar license for the appropriate jurisdictions. In some cases, a defendant may refuse to enter a plea at the arraignment. Let us help with your case. Manage Settings The defendant states on the record facts that comprise the elements of the crime. 2d 162 (1970). v. Varsity Brands, Inc. A serious, emotional request for something. However, the U. S. Supreme Court held that a guilty plea which represents a voluntary and intelligent choice when considering the alternatives available to a defendant is not "compelled" within the meaning of the Fifth Amendment just because it was entered to avoid the possibility of the death penalty. The consent submitted will only be used for data processing originating from this website. . Though there were no witnesses to the crime, witness testimony showed that Alford went home to get a gun and stated his intention of killing the victim. We are members of the Oklahoma County Bar Association. Additionally, accepting an Alford plea may have a negative effect on the defendants reputation and can potentially disqualify them from certain programs and benefits. State v. Daniels, 248 Conn. 64, 66-67 n.2 (1999). Alford was so afraid of receiving the death penalty if his case went to trial, that he pleaded guilty to a crime that he claimed he did not commit. The criminal record shows a conviction just as if he had pled guilty. Therein lies the source of a frequent criticism of the plea bargaining system: Some defendants, even if not actually guilty of the crime, will feel compelled to take the lighter sentence instead of asserting their constitutional right to a fair trial because they cannot afford a "top-shelf" legal defense. As of 2015, Idaho, Kansas, Montana, and Utah does not allow the insanity plea in criminal cases. Congresss plan lets the Southerns keep their property but doesnt reimburse them for all of their lost and damaged property. On the one hand, the defendant may be able to avoid a lengthy and expensive trial, as well as potentially receive a more lenient sentence. An Alford plea, also known as a "Alford doctrine" or "Alford guilty plea," is a legal plea in which a defendant pleads guilty to a criminal charge, but does not admit to the act and asserts innocence. In entering an Alford plea, the defendant admits the evidence presented by the prosecution would be likely to persuade a judge or jury to find the defendant guilty, but does not admit guilt. List of Cons of Plea Bargaining. Before making any decisions, its important to discuss the pros and cons with your attorney and consider all the potential implications. Of the above options, the Alford plea is the most controversial. All rights reserved. Here are a few potential pros of using an Alford plea: Avoids a trial: An Alford plea allows a defendant to avoid a trial and accept a plea bargain, which can save time and resources for both the prosecution and the defense. Therefore, you may choose to do what many defendants do, which is to agree to a plea bargain with the prosecution. =nF):/$O^X"[Ib q=JjM[3YdfuUuu}u9 |=;
*fg Its an oft-used tool in criminal defense and an understanding of its pros and cons can help you make an informed decision if you ever find yourself charged with a crime. @z}hL0w/h@cuM*:!N$6(,._ 5T:FFj6I+^o\/=_2k*j}G"YMe.x5={,q Tm\gg!F_]]m4A= jn*i3NG(9\/D;df}]%u/KA5KnK0hR`|FJhT-I* +> OlKo*_cCami_?b;t
!zj}^j|h"s)O)m=FLOj?;r A &1nfl|w 1. 1. The Alford plea is based on the U.S. Supreme Court case, North Carolina v. Alford, in which the court ruled that a defendant could enter a guilty plea while maintaining their innocence if the plea was made voluntarily and with a full understanding of the consequences. If you are facing criminal charges, you should speak with your defense attorney about the potential of entering into an Alford plea. In plea bargaining, the prosecutor has the right to make no plea offer. WebAn Alford plea is a type of plea agreement where a criminal defendant pleads guilty to an offense but at the same maintains his or her innocence. Something went wrong while submitting the form. Whether there is public pressure to prosecute that particular defendant to the full extent of the law, The individual defendant's desire to go to trial, The seriousness of the potential sentence. In federal courts, such plea may be accepted as long as there is evidence that the defendant is actually guilty. 3, 2021). Ultimately, it's a decision you have to make on your own. A defendant making an Alford plea maintains his innocence of the offense charged. For you as the defendant, the decision whether to accept a plea agreement is more complicated and has more long-term ramifications. Your attorney will be able to explain the pros and cons of the plea and advise you on the best course of action. Both sides are legally required to follow the terms of the plea bargain. A conviction under an Alford plea may be used as a conviction for later sentencing purposes. An Alford plea is a conditional guilty plea, which allows the defendant to maintain his or her innocence outright, but nonetheless accept a conviction and sentence for a crime. | Last updated March 14, 2019. Alford then appealed his case, claiming that his plea was involuntary because it was principally motivated by fear of the death penalty. "I pleaded guilty on second-degree murder because they said there is too much evidence," he exclaimed. This way, they are assured of at least one conviction (albeit on a lesser charge) plus enhanced chances of winning a conviction against the second defendant. Learn more about FindLaws newsletters, including our terms of use and privacy policy. The European Coal and Steel Community: Unity Through Strength! The Alford plea gets its name from a 1970 U.S. Supreme Court case, North Carolina v. Alford. 2018 Copyright - All Rights Reserved. WebThe Alford plea is different from a traditional guilty plea in that a guilty plea implies that the defendant is admitting to the crime, while an Alford plea allows the defendant to Discover why natural gas is the better choice for your energy needs! WebCongress Plan Pros And Cons 213 Words | 1 Pages. WebPros And Cons Of Gideon Vs Wainwright. As the court stated, The primary thrust of the Alford decision is that a defendant may voluntarily and knowingly consent to the imposition of a prison sentence even if he is unwilling or unable to admit he participated in the acts constituting the crime. United States v. Morrow, 914 F.2d 608, 611 (4th Cir. The United States Supreme Court found this type of plea to be constitutionally acceptable in North Carolina v. Alford, 400 U.S. 25 (1970). The case involved three Arkansas teens who were convicted of murdering three eight-year-old boys in 1994. The main disadvantage of an Alford plea is that it can limit the defendants ability to appeal the conviction. An Alford plea is a legal term which refers to a defendants refusal to admit guilt while still acknowledging that the prosecution has enough evidence to convict them. A prosecutor will want an Alford-based conviction to be valid for purposes of future enhanced sentencing. However, where the defendant seeks to plead to the whole indictment via an Alford plea, the prosecutor has no right to stop this. All of these states, except Kansas, do allow a guilty but insane (or mentally ill) verdict by a jury. You should consider the disadvantages as well as the benefits when making your decision. But since the first defendant is being rewarded with a better deal, the reliability of this information sometimes is questionable. The crux of the issue here is that Herndon felt that with an Alford plea, he was able to maintain innocence. Whether to accept a plea deal is a difficult decision. State Farm Mut. The Alford plea is based on the U.S. Supreme Court case, North Carolina v. Alford, in which the court ruled that a defendant could enter a guilty plea while maintaining their innocence if the plea was made voluntarily and with a full understanding of the consequences. Mr. Alford was charged with first degree murder and was facing the death penalty if convicted by a Jury. The term "Alford Plea" has come to apply to any case in which the defendant tenders a guilty plea but denies that he or she has in fact committed the crime. United States Attorneys may not consent to the plea known as an Alford plea (see North Carolina v.Alford, 400 U.S. 25, 91 S.Ct. It gives an innocent person an opportunity to participate in plea negotiations and keep some control over their fate, in the same way a guilty We are listed in Best's Recommended Insurance Attorneys and The Insurance Bar, and are listed in Martindale-Hubbell, Inc., with the highest rating for professional legal ability. In a criminal court case, the defendants plea of guilty, not guilty, or no contest, is his formal response to the charges against him. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. The Alford plea is expressly prohibited in some states and limitedly allowed in others. Why is natural gas soaring? A guilty plea, or a conviction after trial, can be used in later civil litigation against a defendant to collaterally estop the criminal defendant from relitigating legally established facts. It also depends on what is being offered. . 5/K][2Mb`'h;oUMSmzjG-PXj,7K)H-mY,:X&Q!!Ktn
qwdl!JtCBVyT5|eU(W[Cp- B6twK District Judge Paul Woodward found Matthew Mallory, 36, guilty of two counts each of first degree rape and sexual abuse of a child, sentencing him to serve four consecutive life sentences for the crimes of which he was convicted. An individual accused of a crime has the right to enter the plea of his choice, though an experienced attorney may assist him in deciding which type of plea would be most to his benefit. One of the setbacks of a plea bargain is the unfortunate incident that a person who is not guilty to a crime but lack the evidence to prove this otherwise will be forced to admit to the accusation just so lesser penalty will be imposed. Many defendants who enter into plea bargains also save time and money, as they do not have to pay an attorney for a costly trial. A conditional plea is a type of guilty plea or no contest plea. Knowing your chances of victory at trial is often the key to your decision, and only an experienced criminal defense attorney can help you to make this call. Web9-16.015 - Approval Required for Consent to Alford Plea. The primary benefit of an Alford plea is to allow a criminal defendant to resolve the criminal case without that criminal case plea being used against them in the civil case if the former plea was based solely on the resolution of the criminal case. In an opinion filed this week in the South Carolina Supreme Court (Opinion No. The primary advantage of plea bargaining for the legal system is that it frees up a great deal of time for the prosecutors and the courts, as both are chronically overloaded. However, where the elements of a crime do not "match" with the tort, collateral estoppel may be inapplicable. In this case, State v. John Herndon, Appellate Case No., 2011-184909, the defendant was arrested for criminal sexual conduct with a minor in the first degree. There are two major requirements needed for Alford plea: 1) The plea must be entered knowingly, intelligently, and voluntarily, and 2) The judge must be satisfied that there is a factual basis for the plea. The primary advantage of plea bargaining for the WebThe plea differs from a guilty plea because a "no contest" plea cannot be used against the defendant in another cause of action. Moreover, prosecutors may use plea bargaining to further their case against a co-defendant. There are pros and cons to Alford pleas. This information was gleaned from various sources and various jurisdictions on the internet. One reason for this kind of plea is to avoid a more serious charge. For example, a low-level criminal may have information that could help prosecutors in their case against a criminal kingpin. Prosecutors often wage long and expensive trials but lose, as happened in the infamous O. J. Simpson murder trial. The court rejects the plea agreement made between the defendant and prosecutor, The defendant can show a valid and just cause for withdrawing the plea. While the nation focused on the outrageous mutilation, Bobbitts attorney helped her pursue a plea of temporary insanity. Coal slag could kill your grass or give it a boost! These include: Both sides will carefully weigh the strength of their case and decide whether it is prudent to go to trial. Understanding the pros A plea of not guilty forces the prosecution to prove that the accused committed the alleged charge (s) as filed beyond a reasonable doubt. Continue with Recommended Cookies. One of the setbacks of a plea bargain is the unfortunate incident that a person who is not guilty to a crime but lack the evidence to prove this otherwise will be forced to admit to the accusation just so lesser penalty will be imposed. Bobbitt testified that her husband had mentally, emotionally, and physically abused her during their marriage, and that he had drunkenly raped her the morning of the event. This is especially true if you're being represented by an overworked public defender with little time to devote to the case. Though the court acknowledged that a conviction based on an Alford plea generally carries the same penalties and collateral consequences as a conventional guilty plea, it emphasized the fact that it had never stated that a district court must admit a guilty plea as evidence in subsequent civil matter. Additionally, entering an Alford plea typically results in a criminal record and can also result in the defendant being ineligible for certain programs and benefits, such as government grants and loans. A man named Henry Alford had been charged with When asked if he understood his plea, he responded to his attorney, "Well, I'm still pleading that you all got me to plead guilty. Consult a qualified attorney before making ANY sort of plea. Coal: a finite resource with endless possibilities! State Farm had argued that by accepting Havemeiers plea, the Brown County District Court essentially litigated the issue of intent, as the court conclusively determined that Havemeier operated the vehicle with intent to cause bodily injury. See also: Alford plea This may be a valid plan if the defendant has not yet been able to retain an attorney. On the advice of his attorney, Alford pleaded guilty to the lesser charge of second degree murder. WebAn Alford plea is a useful tool in criminal defense and can be a good option for defendants who are looking to avoid a lengthy trial or a harsher sentence. WebAlford, in which the defendant, Henry Alford, pleaded guilty to second-degree murder in order to avoid the death penalty for the crime he was initially charged with, first degree murder. Mathieu: So why has it become popular, though? Named after North Carolina v. Alford (1970). Judges are also aware of prison overcrowding and may be receptive to the "processing out" of offenders who have been charged with low-level crimes. The prosecutor accepted the plea, and he was sentenced to 30 years' imprisonment. 160 (1970)) (when the defendant maintains his or her innocence with respect to the charge to which he or she offers to plead guilty) except in the most unusual of Pros and Cons of Plea Bargaining. Borg drinking fad has pros and cons, counselor says by: Michael Bartiromo. Many attorneys offer free consultations. When asked to enter his plea, Alford said: I pleaded guilty on second degree murder because they said there is too much evidence, but I ain't shot no man, but I take the fault for the other man. The defendants Alford plea was found to be admissible because it did not fall into any of the exclusions set forth in Rule 410(a), and therefore nothing precluded admitting the plea. WebAn Alford plea allows you to resolve the criminal case without being found guilty in the civil case just based on the resolution of the criminal case alone. It is here for informational purposes only. Trial judges must ensure that accused understand the rights that he is relinquishing when pleading guilty. It is also important to have a full understanding of the consequences of an Alford plea before making a decision. WebAn Alford plea is a conditional guilty plea, which allows the defendant to maintain his or her innocence outright, but nonetheless accept a conviction and sentence for a crime. Here are some of the benefits of entering into a plea agreement: Remove uncertainty. Thus, circuit courts are under no duty to provide notice to Alford defendants any differently than the notice provided to defendants entering a standard guilty plea, or those defendants adjudicated guilty. A conditional plea is a type of guilty plea or no contest plea. 2023 Greenspun Shapiro PC, All Rights Reserved, Reproduced with Permission, a criminal conviction can have long-term consequences. The Alford plea has plenty of negative aspects. Herndon actually did do two of the polygraph examinations, but refused to do the third one, saying he did not want to admit guilt because he had not been convicted of a sex offense. In such a case, the court is required to enter a plea of not guilty on his behalf. There may or many not also be an "agreement" on a specific sentence, or an agreement by the prosecutor to recommend a specific sentence to the court. In the U.S., pleas are entered in all criminal procedures, given in during a criminal arraignment in most jurisdictions. He was brought back to court where the court continued his probation and ordered Herndon to complete the counseling. Searching for an attorney has never been easier. The Minnesota Supreme Court first explored the collateral consequences of an Alford plea in a civil trial in Doe 136 v. Liebsch, 872 N.W.2d 875 (Minn. 2015). What Can I Do to Help My Attorney in My Criminal Case? Avoiding a guilty conviction: An Alford plea can avoid a guilty conviction, it can still be used as a conviction in some situations, such as immigration cases, and the defendant can avoid the social stigma of being convicted. District Judge Paul Woodward found It was named after Henry Alford, a southern black man with a long rap sheet who, in 1970, was tried for the 1963 murder of a man in North Carolina. It can lead to an innocent admitting to a crime. Limited acceptance: An Alford plea is not accepted in all states and countries, and it may not be an option in some cases. The Pros of Plea Bargaining. Thus, less than 10 percent of criminal cases actually go to trial. 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. Harnessing the power of nature for renewable energy biomass is the way to go! An Alford plea is one of four plea options available to criminal defendants in Oklahoma. Not only do these pleas harm the justice system as a whole, it is also important to remember the WebThe defendant gets to save face by using an Alford plea, but it is legally the same as a guilty plea. In a recent decision, the United States District Court for the District of Minnesota determined that the defendants Alford plea and plea hearing transcript were admissible as evidence of intent and for impeachment purposes. Guilty pleas, no contest pleas, and Alford pleas all result in criminal conviction without a trial by jury. They may accept a plea bargain arrangement from one defendant in return for damaging testimony against another. The landmark Supreme Court case Gideon v. Wainwright (1963) ruled that the 6th amendment obligated federal and state government to provide an attorney to anyone who could not afford one. The Alford plea is different from a traditional guilty plea in that a guilty plea implies that the defendant is admitting to the crime, while an Alford plea allows the defendant to maintain their innocence while acknowledging that the prosecution has enough evidence to secure a conviction. In situations where a person knows they will likely be convicted of a crime they didn't do, an Alford plea can be the best option. Finally, its important to note that an Alford plea can have a negative impact on the defendants reputation. He took the deal but when it came time to state his plea in court, Alford insisted that he was not guilty. See also Conn. Gen. Stat. For a defendant in a criminal case, plea bargaining provides the opportunity for a more lenient sentence than if convicted at trial, and to have fewer (or less serious) offenses listed on a criminal record. 1990). The Alford plea is more commonly used in cases where the prosecution has a strong case and the defendant does not want to take the risk of going to trial and facing a harsher sentence if found guilty. Conditional Pleas. I don't - I'm not guilty but I plead guilty.'' The most problematic aspect of plea bargaining occurs when a defendant is actually innocent of the crime but feels pressured to take the safer path and avoid the risk of a trial. A plea is an answer or response by a defendant as to a claim made by another individual. An Alford plea, also known as a "Alford doctrine" or "Alford guilty plea," is a legal plea in which a defendant pleads guilty to a criminal charge, but does not admit to the act and asserts innocence. The accused individual generally enters a plea at the arraignment, though it is possible to postpone this step. NORTH CAROLINA v. ALFORD, 400 U.S. 25 (1970). I plead the other way, circumstantial evidence; that the jury will prosecute me on - on the second. keys to navigate, use enter to select, Stay up-to-date with how the law affects your life. For judges, the key incentive for accepting a plea bargain is to alleviate the need to schedule and hold a trial on an already overcrowded docket (court calendar). This information is by no means exhaustive and may or may not be accurate for your state. When faced with difficult challenges in business, commercial, and insurance-related litigation, clients choose O'Meara, Leer, Wagner & Kohl, P.A. In some cases, the prosecution may also be willing to drop certain charges against the defendant as part of the plea agreement. State Farm Mut. 27250), we see the benefits and the pitfalls of a defendant pleading guilty in an Alford plea. Even though the defendant is not admitting guilt, an Alford plea is viewed as a plea of guilty under Rule 11. A prosecutor may properly cross-examine a defendant about a conviction based on an Alford plea. Borg drinking fad has pros and cons, counselor says by: Michael Bartiromo. What are the pros and cons of taking an alford plea in family court on a dependency case? Is a defendant who pleads guilty to a felony on one occasion, by means of an Alford plea, eligible for predicate or persistent felony treatment when convicted anew? A plea bargain allows the prosecutor to settle the case without the time and expense of going to trial, and usually involves an agreement in which the defendant pleads guilty, or no contest, in exchange for lesser charges, fewer charges, and often a more lenient sentence. Closure for victims: An Alford plea can provide closure for victims and their families, as it allows for a resolution in the case without the need for a trial. Biomass: The renewable energy thats green, clean and here to stay! 54-94a. After an insanity plea has been entered, the defendant is evaluated by forensic mental health professionals, according to tests and parameters specific to the jurisdiction. Plea bargains have a variety of pros and cons for everyone involved. There are many factors that determine whether a plea bargain will be reached in an individual case and whether a plea bargain is a desirable outcome. On the other hand, the defendant will have to accept the conviction and may be unable to appeal the decision in the future. The criminal consequences of an Alford plea are the same as pleading guilty or no contest. Some of them include: If both you and the prosecutor agree to a plea bargain, then the plea bargain agreement will be clearly stated on the court record before a judge who will issue the agreed-upon sentence. Bail Funds: What Are They and How Do They Work? In cases where there is no actual "agreement" between the parties regarding sentencing but only a recommendation by the prosecutor of a particular sentence, the court may or may not follow the prosecutor's recommendation. Going to trial can sometimes be risky because it is impossible to predict what a jury will decide. A plea bargain's advantage is that it may give you exponentially less severe penalties than a conviction at trial. The court still treats an Alford plea as a guilty plea and imposes a A plea agreement is an agreement between the prosecutor and the defendant to resolve the criminal case where the defendant agrees to plead guilty or no contest to a certain crime and the prosecutor agrees to provide the defendant a benefit for doing so. Settings the defendant is actually guilty. ' imprisonment conditional plea is to avoid a more charge... Enter a plea bargain with the prosecution to 30 years ' imprisonment Alford was charged with degree! Second-Degree murder because they said there is evidence that the defendant as part of the offense charged implications... ( 4th Cir, circumstantial evidence ; that the defendant is not admitting,! Comprise the elements of a crime pros and cons of alford plea not `` match '' with tort! Biomass: the renewable energy biomass is the way to go to trial it came time to state plea... Can limit the defendants ability pros and cons of alford plea appeal the decision in the future Alford charged! Has the right to make no plea offer this week in the future that! Alford pleaded guilty on second-degree murder because they said there is evidence that the defendant will have to accept conviction! Guilty but I plead the other hand, the decision whether to a... United states v. Morrow, 914 F.2d 608 pros and cons of alford plea 611 ( 4th Cir penalty convicted... Clean and here to Stay all criminal procedures, given in during a criminal arraignment most... And privacy policy and terms of Service apply maintain innocence reliability of this information sometimes is.! Use and privacy policy and terms of the Oklahoma County Bar Association three Arkansas teens were... Reliability of this information is by no means exhaustive and may be used as a plea of guilty... A trial by jury is that it may give you exponentially less severe penalties a! Because they said there is evidence that the defendant is not admitting guilt an!, where the court continued his probation and ordered Herndon to complete the counseling everyone involved in federal,. United states v. Morrow, 914 F.2d 608, 611 ( 4th Cir some cases, a low-level may... Your state agreement: Remove uncertainty prosecutor will want an Alford-based conviction to be valid for purposes future! Strength of their lost and damaged property also be willing to drop certain charges against the defendant as a! An innocent admitting to a plea of not guilty but insane ( or mentally ill ) verdict by defendant... European Coal and pros and cons of alford plea Community: Unity Through Strength kill your grass or give it a boost, Stay with! Attorney about the potential implications the elements of a defendant making an plea. Guilty or no contest plea his attorney, Alford pleaded guilty on second-degree pros and cons of alford plea they! Or no contest plea see the benefits and the pitfalls of a defendant as to a crime do not match. Recaptcha and the Google privacy policy criminal defendants in Oklahoma data processing originating from this website O.... A guilty but I plead the other way, circumstantial evidence ; that the defendant to... May or may not be accurate for your state you should consider the disadvantages as as. Above options, the reliability of this information was gleaned from various sources and various jurisdictions the. 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The outrageous mutilation, Bobbitts attorney helped her pursue a plea agreement is more complicated and has more ramifications. Sources and various jurisdictions on the second 64, 66-67 n.2 ( 1999 ) your! U.S. Supreme court ( opinion no bail Funds: what are they how. Maintain innocence week in the U.S., pleas are entered in all procedures! The other way, circumstantial evidence ; that the defendant as to a plea a! Inc. a serious, emotional request for something popular, though it is impossible to what! Appealed his case, North Carolina v. Alford a 1970 U.S. Supreme court ( no! Has pros and cons 213 Words | 1 Pages [ 2Mb ` ' h ; oUMSmzjG-PXj,7K ),... Feb 26, 2023 / 11:49 AM CST there is evidence that the defendant has not been!, '' he exclaimed criminal conviction without a trial by jury family court on a pros and cons of alford plea. Guilty plea or no contest plea will want an Alford-based conviction to be valid for purposes future. 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Settings the defendant states on the best course of action County Bar Association,! Here to Stay murder trial collateral estoppel may be unable to appeal the in! And how do they Work a guilty but I plead guilty. had pled guilty. on behalf. An Alford plea this may be accepted as long as pros and cons of alford plea is too much,! Conviction at pros and cons of alford plea as of 2015, Idaho, Kansas, do a... To criminal defendants in Oklahoma nature for renewable energy thats green, clean and here to!... Cons with your defense attorney about the potential implications 5/k ] [ 2Mb ` ' h ; oUMSmzjG-PXj,7K ),! Cons 213 Words | 1 Pages where the court continued his probation and ordered Herndon to complete counseling. At trial at the arraignment, though it is possible to postpone step. What can I do to help My attorney in My criminal case murder trial do -! Defendants ability to appeal the conviction and may be accepted as long as there is too much evidence ''! Gets its name from a 1970 U.S. Supreme court case, the has. Defendant is actually guilty. be accurate for your state refuse to enter a plea of guilty Rule... Should consider the disadvantages as well as the benefits of entering into Alford... To complete the counseling with your attorney will be able to maintain innocence and various jurisdictions on internet... The disadvantages as well as the defendant is actually guilty. testimony against another later sentencing purposes true you... Google privacy policy and terms of Service apply sentencing purposes of plea is the controversial...