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The Alford guilty plea is "a plea of guilty containing a protestation of innocence". [8] The defendant pleads guilty, but does not have to specifically admit to the guilt itself. [24] The defendant maintains a claim of innocence, but agrees to the entry of a conviction in the charged crime. [25]
"Under Alford, a defendant is permitted to enter a plea of guilty without admitting he committed the charged offense. 400 U.S. at 37-39. Thus, an Alford plea is a guilty plea and properly considered as a prior criminal conviction for purposes of the Sentencing Guidelines." United States v. Delgado-Lucio (2006) [108]
The presumption of innocence is a legal principle that every person accused of any crime is considered innocent until proven guilty. Under the presumption of innocence, the legal burden of proof is thus on the prosecution , which must present compelling evidence to the trier of fact (a judge or a jury ).
A sentence can be challenged for other reasons by two means: on direct appeal, meaning an automatic appeal of a conviction and sentence to a higher court, or by filing a separate civil action for ...
A nolo contendere plea has the same immediate effects as a plea of guilty, but may have different residual effects or consequences in future actions. For instance, a conviction arising from a nolo contendere plea is subject to any and all penalties, fines, and forfeitures of a conviction from a guilty plea in the same case, and can be considered as an aggravating factor in future criminal actions.
In Australia, offenders can be discharged without being convicted, with or without being placed on a good behaviour bond (or other conditions). [1] The sentencing options vary from state to state. Defendants can be discharged without conviction even if they plead guilty to the alleged crime.
By pleading guilty, defendants waive those rights in exchange for a commitment from the prosecutor, such as a reduced charge or more favorable sentence. [1] For a defendant who believes that conviction is almost certain, a discount to the sentence is more useful than an unlikely chance of acquittal. [2]
PHOTO: Mark Jensen, center, is led out of the courtroom after a guilty verdict in his trial at the Kenosha County Courthouse on Feb. 1, 2023, in Kenosha, Wis. (Sean Krajacic/The Kenosha News via ...