You're facing a criminal charge, you got a plea offer from the prosecutor that includes a "no contest" plea or a guilty plea. What do you do? What is the difference between the two? What are the consequences of both?
THE LAW
On a basic level, a plea deal by the prosecutor will usually serve two purposes: 1. the prosecution gets to settle the case before a lengthy trial, which frees their schedule and avoids court costs. And 2. the defendant gets a lesser charge and/or sentence.
A GUILTY PLEA
For a guilty plea, the defendant is asked how to confess his guilt before the court. The prosecutor will then state the general facts of the case, which the defendant is assumed to agree with. You can and should ask what those facts are going to be. You can negotiate with the prosecutor to edit the facts. (this is helpful for any civil cases that might follow)
NO CONTEST PLEA
A no contest plea is also called an Alford Plea, named after the famous case North Carolina v. Alford. By pleading "no contest," you are asserting your innocence but accepting that the prosecutor has enough evidence against you to likely convince a jury that you are guilty. This can prove helpful when there is a subsequent civil lawsuit.
Sounds good right? But there is a unforeseen problem. Like it or not, your sentencing judge may not enjoy a no contest pleas. Many judges follow the notion that "No Contest pleas" undermine the trust in the judicial process. Specifically, Alford pleas can give off the perception that innocent people often plead guilty.
Even more troubling to a judge is that an Alford plea allows guilty defendants to avoid accepting responsibility for their wrongs. It is much easier for a judge to justify a lesser sentence for an repentant criminal than an unrepentant one.
Sounds good right? But there is a unforeseen problem. Like it or not, your sentencing judge may not enjoy a no contest pleas. Many judges follow the notion that "No Contest pleas" undermine the trust in the judicial process. Specifically, Alford pleas can give off the perception that innocent people often plead guilty.
Even more troubling to a judge is that an Alford plea allows guilty defendants to avoid accepting responsibility for their wrongs. It is much easier for a judge to justify a lesser sentence for an repentant criminal than an unrepentant one.
Some believe that an Alford plea cannot be used in the court of future crimes or that when applying to jobs an Alford plea is not reported. FALSE! For future crimes, the guilty plea may or may not be used against the defendant, depending on the court that presides over the future crime. When applying for a job, the defendant is obligated to disclose that he/she has “plead guilty” to a crime.
So remember, Alford pleas, a.k.a "no contest" pleas, are good in only a few circumstances, BUT they can cause the judge to begin sentencing with a bad taste in his mouth. An angry judge is a lot harder to convince than a sympathetic judge.
