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Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Market Your Law Firm. Lawyer Directory. Call us at 1 Can I plead guilty to a crime I didn't commit? Most of the time, defendants cannot enter plead guilty while asserting their innocence. In certain situations, and with the agreement of the court and prosecutor, special "no contest" or "Alford" pleas may be entered. No Contest Nolo Contendere One option available to a defendant who cannot admit guilt is to negotiate an agreement that allows the defendant to plead "no contest" instead of "guilty.
Alford Plea Another option available to a defendant who cannot admit guilt is an Alford plea. Negotiating an Alford or "No Contest" Plea Because the prosecutor must agree to an Alford or "no contest" plea before you can use it, the defense must negotiate this issue in advance. Consult an Attorney If you are charged with a crime you did not commit, you should consult with an attorney immediately. Talk to a Lawyer Start here to find criminal defense lawyers near you.
Practice Area Please select Regular Post. Judges Review Many judges will accept plea bargains if they consider the sentence to be fair but may also consider if the defendant is a repeat offender and if there is community outrage regarding the crime.
Judges Questions Normally the judge has a comprehensive list of questions to ascertain if the plea is knowing and intelligent. Not Knowing And Intelligent Pleas When a defendant enters a plea and does not appear or lacks counsel when reviewed having made a knowing and intelligent plea, there may be grounds for the striking of the conviction from the record of the defendant.
Criminal Defense , Criminal Law. Previous Next. Leave a Reply Cancel reply Your email address will not be published. The prosecutor and the defense attorney discuss the case and its strengths and weaknesses, and they agree to terms by which it may be resolved without going to trial.
Generally, a defendant must enter a guilty plea with regard to a particular charge or charges in exchange for a more lenient sentence.
In a felony case, this may involve pleading guilty to lesser felony charges or to misdemeanor charges. For example, if the prosecution believes that it would have a difficult time proving a serious bodily injury in a felony aggravated assault case, it may be willing to accept a guilty plea for assault, which is a misdemeanor. A plea bargain is supposed to be constitutional and fair, and once you enter into a plea agreement, your decision to plead guilty pursuant to the agreement is supposed to be voluntary, knowing, and intelligent.
A plea is only found involuntary if you lacked information of true importance in the decision-making process. Among other things, your attorney should inform a foreign national if a plea carries a risk of deportation. Once the prosecution and the defense reach an agreement, the judge reviews it. The judge has the discretion to approve or reject the deal. Many people wonder why they should plead guilty, particularly if they do not believe that they are guilty.
However, there are often benefits to reaching a plea agreement. For example, it may be possible to get certain charges dismissed, get felonies reduced to misdemeanors or felonies that are punished less harshly, secure an agreement from the prosecution that it will not try to get you sentenced for an aggravated felony, get alternatives to incarceration such as probation , and avoid the risk of going to trial.
However, it is important to keep in mind the potential disadvantages as well. For example, there is a chance that the prosecution cannot prove its case beyond a reasonable doubt at trial. Perhaps there is some very strong evidence that supports your version of events that a prosecutor is refusing to consider during the plea bargaining process. There is a possibility that you will receive an acquittal or a more lenient sentence by going to trial than you would under the plea agreement.
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