William G. Yarborough

Understanding a no-contest vs. Alford plea

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Anyone facing a criminal charge must attend an arraignment, where they will hear the charges against them and submit a plea. In cases where the defendant refuses to admit guilt and maintains their innocence despite the court’s strong evidence, the defendant may enter a special plea.

Alford and no-contest pleas in South Carolina are functionally an admission of guilt, but they are also used to insist that the defendant is innocent. So, why do people enter these pleas, and how are they different?

What is an Alford plea?

The Alford plea originates from the North Carolina v. Alford case, where Henry Alford faced a first-degree murder charge and a potential death penalty sentence. Alford insisted that he was innocent despite the court’s strong evidence against him. He pled guilty to avoid the death penalty, and the court sentenced Alford to 30 years in jail instead.

An Alford plea is functionally equivalent to a guilty plea, except the defendant maintains their innocence and does not want to risk going to trial. Typically, a defendant will only enter an Alford plea if the arraignment will likely result in a conviction. The plea helps the defendant avoid a trial where they might receive a harsher sentence.

What is a no-contest plea?

A defendant who enters a no-contest plea, also known as nolo contendere, accepts the charges but refuses to admit or deny guilt. The court will still treat a no-contest plea as an admission of guilt but may hand down a less harsh sentence.

A no-contest plea forfeits the defendant’s right to a trial by jury. Because there is no factual acknowledgment of guilt, a no-contest plea cannot be utilized as evidence in civil actions. In South Carolina, a no-contest plea may only apply to a misdemeanor offense and with the court’s consent.

The court will only accept a no-contest or an Alford plea if the judge allows the defendant to enter them. However, entering either plea may still result in a criminal record and accompanying jail sentence. A lawyer may be able to help the accused negotiate a lighter sentence and determine if entering a plea is beneficial, especially if the defendant is innocent.

Frequently Asked Questions

How do I know if I need a lawyer?

If you have been charged with a crime, arrested, or under investigation then you need a lawyer.

When you’re charged with a crime, there may be potential penalties that you’re not aware of. But there are ways to defend against the charges, too. Your lawyer can strategize for your case. They can represent you in court and to the prosecutor, putting their expertise to work for you.

Even if the charges don’t seem significant now, they may affect you in the future. Your lawyer defends your freedom and your best interests. If you’re facing a criminal charge or police investigation, contact a criminal defense lawyer.

What steps should I take immediately to protect my rights?

If you’re arrested or charged with a crime, be polite – but don’t consent to any search. Politely say that you refuse to answer any questions. Don’t resist the law enforcement officer.

Exercise your right to remain silent. This includes law enforcement officers before and after the arrest. It also means not talking to others at the police station, your friends, extended family, and social media. The things you say can be used against you.

Ask to contact your lawyer. Then call us right away. We can represent you at your next court hearing. Save everything that you think may be relevant to the case.

How long will my case take?

Every case has a different timeline depending on the severity and facts of the case. Some criminal charges can be resolved in just a few weeks. Others can take several months.

As your lawyer, William G. Yarborough will help you balance the various factors. It can take time to build defenses and/or negotiate a favorable plea agreement. It may be worth it to wait to go to trial. Other times, it’s best to take a plea deal.

What’s right for you depends on multiple factors. Attorney Yarborough can advise you on what he thinks is your best course of action.

Will my case go to trial?

There may be non-trial options available to you. You may secure a plea bargain or a pre-trial case diversion. Sometimes, preliminary motions can result in charges being dismissed.

However, you always have the right to a trial. In a trial, the prosecutor must prove the charges against you beyond a reasonable doubt.

Most cases don’t end up going to trial. But what matters is your case. Attorney Yarborough will work with you on a personalized case plan that reflects your interests and goals.

If your case does go to trial, Attorney William G. Yarborough is prepared to aggressively defend you in court.

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