Criminal Law

I have read about a plea that may be made by the person arrested…

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I have read about a...
I have read about a plea that may be made by the person arrested for a crime that states "I am not saying I am guilty, but will accept the plea bargin offered" If you are aware of this please let me know what it is called.... Read full answer
I have read about a plea that may be made by the person arrested for a crime that states "I am not saying I am guilty, but will accept the plea bargin offered" If you are aware of this please let me know what it is called.
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Answered in 1 minute by:
6/28/2012
dkennedy
dkennedy, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 6,009
Experience: J.D. degree, 15 years practice
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dkennedy :

Hello,


 

Customer:

hi

dkennedy :

Yes, there is such a plea. Except you have to say you are guilty, but not admit to any elements of the crime. You plead guilty because you think that if you went to trial, they would have enough evidence to convict you, and you would rather take the plea deal that go for a trial and possibly a worse sentence. This is called an "Alford Plea."


 

dkennedy :

In other words, you plead guilty but don't say you actually did anything.


 

Customer:

The one I read aabout you did not have to admit guilt.

dkennedy :

If you do not admit guilt, you have to go to trial. Where did you read that?


 

dkennedy :

A lot of people think it's not a guilty plea, but it really is. Normally, in a guilty plea though, you have to outloud, tell what you did. You don't have to do that in an Alford Plea.


 

Customer:

I am only ointerested in not admitting guilt. The person is innocent, but could get yrs in prison if convicted. It is a he said she said situation.

dkennedy :

If this person is taking the plea bargain, what is the issue?

Customer:

Sexual molestation. He put his arm aroaund her and on her leg to comfort her as she bawled. The 2 months later she said he did exactly the same thing but said it was sexual molestation.

dkennedy :

But if he pleads not guilty, he has to go to trial. You can't be not guilty and take a plea bargain. Does your friend want to take the plea bargain?

Customer:

They have offered the lowest molestation and 30 days in jail, with a number of months on the molestation list.

Customer:

He is afraid to go to court and get a worse sentence as many courts lean towards the victim - 14 yr old girl

dkennedy :

Then, he should take the Alford plea and get the 30 days. Why would he want to maintain not guilty and go to trial? He should say he is not admitting he did anything, but that they have enough evidence to convict so he is taking the deal.


 

Customer:

thank you - I will talk to my nephew about it. He has never mentioned the alford plea. This is so devastating to him and his family.

Customer:

are you really typng?

dkennedy :

Yes,


 

Customer:

ok

dkennedy :

A lot of people take this plea because they don't want to take a chance on a trial and get a really long sentence. This way he doesn't have to admit to any details, which he probably cannot do.

Customer:

thanks it may help

dkennedy
dkennedy, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 6,009
Experience: J.D. degree, 15 years practice
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