What is a Norgaard plea in Criminal Cases in Minnesota?
Plea agreements in criminal cases in Minnesota normally require that a defendant plead guilty to a charge and then acknowledge a series of facts as true to establish that they committed the crime and ultimately take responsibility. While this is the general practice, there are those rare circumstances where a defendant doesn’t remember what happened. If this sounds familiar to you, it is important that you sit down with an experienced Minnesota criminal defense attorney to discuss your case.
“What do you do if you were just drunk and don’t remember anything?”
Can I plead guilty to something if I think I did it but I don’t remember?
In a Norgaard plea, the defendant typically admits to the crime and acknowledges that they are not innocent of the charges. However, what they also admit is that because they were either, drunk, high, or have some form of trauma or amnesia and simply can’t admit the the specific facts because they don’t remember them. This is different than an Alford plea which we have discussed in other articles, in which a Defendant actually maintains their innocence while at the same time pleading guilty. This is normally done to take advantage of some sort of plea agreement. In a Norgaard plea, a Defendant is not claiming innocence. This can happen in some DWI related cases, accident cases and domestic assault and sexual assault cases where a Defendant simply doesn’t recall the events.
The Norgaard plea is named after the 1993 Minnesota Supreme Court case, State v. Norgaard, in which the Minnesota State Supreme Court established its Constitutionality. In that case, the court held that a defendant could enter a plea of guilty based solely on the strength of the Government’s evidence while also acknowledging that they don’t actually remember the surrounding facts of the case because of some limitation in memory.
“It is important to remember that a Norgaard plea is still a plea and it will result in a conviction. However, sometimes, it results in a really positive outcome.”
Because these pleas are rarely used in Minnesota, they frequently happen after a long series of negotiations. In addition, it is important to remember that a Norgaard plea is still a plea and it will still result in a criminal conviction. As a result, it is important to sit down with an experienced criminal defense attorney prior to accepting any plea. The ramifications of some plea may be dire.
Jack Rice is a nationally known and experienced Minnesota criminal defense attorney. He is also a former prosecutor, former CIA Officer and a Board Certified Criminal Law Specialist. Jack is also the Founder of Jack Rice Defense, a top criminal defense firm based in St. Paul. Contact Jack Rice Defense for free confidential consultation or call 651-447-7650 or 612-227-1339