A typical plea arrangement involves a defendant pleading guilty to committing a crime usually in exchange for favorable treatment from the prosecution. This may result in a reduced sentence for the defendant and avoid a costly trial. Although an admission of guilt along with a guilty plea is typical, the Alford plea allows a defendant to plead guilty while maintaining their innocence.
The term ‘Alford plea’ comes from a 1970 US Supreme Court decision in which the defendant was charged with a crime punishable by death under the state law. The evidence in the case was likely to lead to conviction. To avoid the death penalty, the defendant, Alford, plead guilty in order to receive a lesser charge of life imprisonment despite maintaining his innocence. Ultimately, the Court ruled that a judge may accept a guilty plea from a defendant who doesn’t want to admit guilt, but wants the benefit of an arranged plea bargain.
To accept an Alford plea, the judge must be convinced that there’s enough evidence that the defendant committed the crime and that the defendant, in full awareness, is taking advantage of a way around a harsher sentence by pleading guilty. An Alford plea may be your best option if the prosecution’s plea agreement gives you a benefit that exceeds going to trial and possibly losing. Like any other guilty plea, you should discuss it thoroughly with your attorney to make sure that the plea is right for you.
If you have been charged with a crime in Wisconsin, contact the Law Offices of Andrew C. Ladd, LLC for help. We help clients charged with violent crimes including assault, domestic abuse and homicide; theft crimes ranging from shoplifting, property crimes, and possession of stolen property to white collar crimes of forgery, embezzlement and employment theft; sex offenses including internet crimes and sexual assault; drunk driving and Wisconsin drug crimes. Contact us today.
