What Is an Alford Plea?

When a judge asks how you plead to criminal charges, you can generally respond with guilty, not guilty, or no contest. However, in some states, there is another type of plea option. An “Alford plea” is named after a U.S. Supreme Court case that allows for sentencing a defendant who maintains their innocence.

An Alford-type guilty plea means the defendant decided it would be better to take a known sentence than to take their chances in a criminal trial. At trial, the defendant could face the maximum sentence.

Not all states provide for Alford plea agreements. If you are facing criminal charges and want to know about your plea bargain options, talk to an experienced criminal defense attorney.

What Is an Alford Plea?

The Alford plea is named after the U.S. Supreme Court case, North Carolina v. Alford, from 1970. In that case, the criminal defendant, Henry Alford, faced first-degree murder. The defendant could have faced the death sentence as a capital offense if a jury found him guilty.

There was a lot of solid evidence against Alford, and his criminal defense lawyer recommended a guilty plea. The prosecutor agreed to a guilty plea for second-degree murder, which carried a penalty of two to 30 years in prison.

Alford pleaded guilty but said he was not guilty. Instead, he said he was admitting guilt to avoid the death penalty. The Supreme Court held that the court could accept a guilty plea based on a voluntary and intelligent choice even if the defendant continues to claim innocence.

The Significance of Pleading Guilty and Maintaining Innocence

A guilty plea means you admit guilt and receive a sentence without a trial. Not guilty means you do not admit guilt and will likely go on to face a jury trial. No contest, or nolo contendere, means you do not admit guilt but are still considered guilty by the court and will be sentenced.

The criminal consequences of an Alford plea are the same as pleading guilty or no contest. The criminal court still treats an Alford plea as a guilty plea and imposes a criminal sentence, which may include a prison sentence and fines.

You still have a conviction on your criminal record if you go this route. A background check for employment would still show your conviction. The only way to get the criminal record cleared is by sealing records or expungement.

One of the ways an Alford plea is different is when there is civil litigation related to the criminal trial. For example, if you are charged with drunk driving and injuring a pedestrian, that pedestrian could use your guilty plea as an admission of guilt in a lawsuit seeking compensation. Maintaining your innocence using an Alford plea could benefit your defense in a lawsuit.

States Without Alford Pleas

Not all states will allow you to plead guilty while maintaining innocence. State laws or state constitutions may only allow for pleading guilty, not guilty, or no contest. States that do not provide Alford plea options include:

• Indiana
• Michigan
• New Jersey

What Is a ‘Knowing, Intelligent, and Voluntary’ Plea?

According to the Supreme Court, a defendant’s plea has to be knowing, voluntary, and intelligent. States that prohibit the Alford plea fear that such pleadings would be unintelligent, involuntary, or inaccurate.

You need to be aware of your rights and understand what waiving your rights can mean in a criminal case. You give up several of your constitutional rights when pleading guilty to a crime, including:

• The right to a jury trial
• The right to have an attorney at a trial
• The right to a speedy trial
• The right to confront witnesses

If you plead guilty, accept a plea deal, or plead no contest, the trial judge will generally confirm that you know what it means to plead guilty. The judge will have you affirm that you are knowingly, intelligently, and voluntarily giving up these rights.

A Local Attorney Is the Best Defense

Criminal charges are a serious matter and not to be treated lightly. If you have been charged, hiring a defense attorney as soon as possible is best. Talk to your criminal defense lawyer about the best options in your case and if an Alford plea is right for you.