Alford plea

What is an Alford Plea In Lehigh County

You may recall that the West Memphis 3 entered an Alford Plea recently to ensure their return to society.  Many people criticized their decision and they struggled with such a proposition.  Some, however, said they should take the damn plea and get on with life after a decade-plus behind bars.  An Alford plea is "when a defendant proclaims his innocence but agrees to be sentenced for the crime(s) he has been charged with.  The prosecution must have sufficient evidence that the defendant committed the crime.  This evidence must be presented in court and acknowledged by the defendant before the court will accept the Alford plea."  Essentially, you maintain your innocence, but agree to a conviction.  

It differs slightly from a "no contest" plea is "when the defendant does not enter a plea but agrees to accept the punishment for crimes they are charged with.  The guilt or innocence of the defendant is unknown.  Nolo contendere is also known as a “no contest” plea."  

The plea developed from North Carolina v. Alford, a U.S. Supreme Court case.  In this case, the Supreme Court handed down the decision that "there are no constitutional barriers in place to prevent a judge from accepting a guilty plea from a defendant who wants to plead guilty while still protesting his innocence."

In Lehigh County, most of the time, an Alford plea is not used when a Lehigh County criminal lawyer is involved.  The preference is, of course, a guilty plea as the judge's want to hear your proclamation (and hopeful apology) of guilt and responsibility.  However, sometimes there are strategic, not just principled reasons, for a no-contest plea, including whether there is a pending civil lawsuit.