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In law, a plea is a defendant's response to a criminal charge. [1] A defendant may plead guilty or not guilty. Depending on jurisdiction, additional pleas may be available, including nolo contendere (no contest), no case to answer (in the United Kingdom), or an Alford plea (in the United States).
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 United States law, an Alford plea, also called a Kennedy plea in West Virginia, [1] an Alford guilty plea, [2] [3] [4] and the Alford doctrine, [5] [6] [7] is a guilty plea in criminal court, [8] [9] [10] whereby a defendant in a criminal case does not admit to the criminal act and asserts innocence, but accepts imposition of a sentence.
Anthony McIntosh speaks with his attorneys Brandon Fox, left, and Alex Deardoff before pleading guilty Wednesday, August 30, 2023 in the 2022 fatal shooting outside the Oakley Target store.
Trump adviser Boris Epshteyn and Jim Lamon, a 2022 Republican Senate candidate, also appeared virtually in court Tuesday for their arraignments in the case, pleading not guilty.
North Carolina v. Alford, 400 U.S. 25 (1970), [1] was a case in which the Supreme Court of the United States affirmed 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, under duress, as a detainee status.
The judge's ruling nixes effort by Kenneth Chesebro, a Trump election lawyer in 2020, to say his guilty plea violated his right to due process.
(b) Whenever a defendant pleads nolo contendere or pleads guilty and simultaneously denies culpability, the court should take special care to make certain that there is a factual basis for the plea. The offer of a defendant to plead guilty should not be refused solely because the defendant refuses to admit culpability.