What is an Alford Plea in Criminal Court in Minnesota?
When facing criminal charges in Minnesota, the ramifications you face can be more than just those from the Government. Sometimes, the ramifications are based upon other concerns like family, friends, colleagues and how others might see you. Because of this, pleading guilty to something, anything, may simply not acceptable. If this is a concern, you should sit down with an experienced Minnesota criminal defense attorney to discuss your various options.
“If I can’t honestly admit to an act but know the deal the Government is offering is so good that I want to take it and get this thing done?”
What do I do if I can’t admit to the crime but think they will convict me regardless?
In Minnesota, an Alford plea is designed to allow somebody charged with a crime to plead guilty to the charge but at the same time allows that person to actually deny that they committed the crime. At the same time, the Defendant must also acknowledge that they recognize that the Government likely has sufficient evidence to get a conviction based upon that evidence if the case went to trial. However, it is important to remember that it is still a conviction. This is different than a Norgaard plea, which we have written about previously, in which a Defendant pleads guilty does not claim innocence but simply can’t remember what happened because they were drunk, high, or had some trauma or amnesia so that can’t remember the events.
The Alford plea is named after the 1970 U.S. Supreme Court case, North Carolina v. Alford, which made the concept constitutional. The way it usually works is that the Government offers a plea deal to lesser charges or better terms in order to gain the conviction. The general notion is that “everybody wins”. The Government gets their conviction while the Defendant can avoid wrongdoing.
The Alford plea concept is a national concept but does not necessarily apply in every state I the country. Minnesota happens to be one of those states that does allow it. That being said, the Alford plea is still rarely used. These reason this seems to be the case is that Judges and prosecutors generally want to see Defendants admit to a crime and then be able to explain which they are actually guilty. In other words, it is frequently about taking responsibility. This being said, this is a rare option. In fact, Judges and prosecutors frequently reject this option when “victims” are involved. Hence, this are almost never seen in domestic assault, violent crimes and sex crimes but they can happen..
“An Alford plea is still a guilty plea. However, you can still assert your innocence after you plead.”
Plea deals on criminal cases can be complicated and they rarely if ever happen on the front end of cases. Frequently this is based upon the quality of the evidence, availability of witnesses and how strongly the Government feels about their case. At the same time, successful negotiations of a plea agreement are sometimes based upon the assessment of the case from the Defense perspective and, of course, what the person charged wants to do. For all of these reasons, it is critical to have an experienced criminal defense attorney by your side.
Jack Rice is a former prosecutor, former CIA Officer, and Board Certified Criminal Law Specialist. In fact, less than 3% of all criminal defense attorneys in Minnesota hold this designation. Jack is also the Founder of Jack Rice Defense, a boutique criminal defense firm based in St. Paul, Minnesota. Contact Jack Rice Defense for a free confidential consultation or call 651-447-7650 or 612-227-1339. Jack’s got your back.