The Alford Plea: Risks and Benefits

On occasion defendants have the opportunity to use a unique method of dealing with criminal charges called the Alford plea. It’s a little known strategy defendants can consider under very limited circumstances. What is it, and when is it a good idea?

What is the Alford Plea? 

Nevada law allows defendants who maintain that they are innocent despite significant evidence to the contrary to enter the Alford plea. It’s essentially a nolo contendere—or no contest—plea, meaning the defendant may be convicted and sent to prison without ever having to admit guilt.

Benefits of the Alford Plea

• Initially, the Alford plea affords defendants a fast and inexpensive way to address their charges. A long and costly trial is avoided, meaning the stress and uncertainty of a trial is also bypassed.
• Defendants are allowed to maintain their claims of innocence, which is important for many individuals who wish to have that on the record rather than plead guilty to lesser charges.
• It can be a way to lead into discussions toward a plea bargain for those interested.
• The ambiguities of a trial are eliminated, and a trial verdict is no longer a concern.
• Defendants are able to be sentenced without the trauma and emotional upheaval of a trial.
• In cases that are high-profile where finding an impartial jury is a concern, the concern is obliterated.
• The spectacle of a court case is avoided, giving the defendant a quiet, private resolution to the case.
• In some cases, the court may believe a lighter sentence than what a jury might choose is appropriate.

The Downside of the Alford Plea

• The defendant will still be sentenced, have a criminal record, and suffer all the effects associated with that, from social stigma to housing and employment challenges.
• Some research suggests that defendants actually receive longer sentences when choosing an Alford plea compared to those who simply receive a guilty verdict.
• Some defendants may feel pressured to take an Alford plea because they are so fearful of the case going to trial, even if it is not the best option for them.
• When it comes time to petition for parole, defendants may be viewed as lacking remorse since they’d maintained their innocence throughout the process.
• The public may misinterpret the plea and be confused about the actual innocence or guilt of the defendant.
• Victims and their families may find the outcome unsatisfying.

What’s Right for Your Situation? 

Decisions about pleas of any kind are weighty. Having a Las Vegas criminal defense attorney who is willing to fight to protect your rights and jockey to get the best possible outcomes for you is more important than ever. At Lobo Law, you can count on experienced, ethical legal assistance. To discuss, schedule a confidential consultation in our Las Vegas office today.

Source:

leg.state.nv.us/courtrules/nrap.html