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Burton, Judge Carl E. Stewart writing for the court held that an Alford guilty plea is a "variation of an ordinary guilty plea". [32] In October 2008, the United States Department of Justice defined an Alford plea as follows: "the defendant maintains his or her innocence with respect to the charge to which he or she offers to plead guilty". [31]
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.
This list of U.S. states by Alford plea usage documents usage of the form of guilty plea known as the Alford plea in each of the U.S. states in the United States. An Alford plea (also referred to as Alford guilty plea [1] [2] [3] and Alford doctrine [4] [5] [6]) in the law of the United States is a guilty plea in criminal court, [7] [8] [9] where the defendant does not admit the act and ...
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.
Even in cases where the evidence is overwhelming, Kentucky felony defendants plead not guilty at their first court appearance. Here’s why. Even in cases where the evidence is overwhelming ...
To enter the deferred sentence program, a plea of guilt must be made. Even though successful completion of a deferred sentence results in a dismissal of charges and guilty plea withdrawal, most states still consider it to be a conviction since a plea of guilt was entered and the defendant was considered "convicted" for the duration of the program.
A judge has denied Karen Huger’s request for the dismissal of her DUI case. ... stating that based on past Supreme Court cases, Huger’s “roadside investigation” did not require her to be ...
In general, all states impose such consequences except in situations where criminal charges are dropped or dismissed. [26] In all jurisdictions throughout the U.S., judges are not obligated to warn of these collateral consequences upon a finding of guilt by trial, or prior to an admission of guilt by plea agreement, except as regards deportation.
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