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At various points in the criminal process, a defendant will be asked to enter a plea in response to criminal allegations. For most defendants, the two options are “guilty” or “not guilty.” However, things are not always so simple. In South Carolina, a defendant may choose to plead guilty without admitting guilt, or they could simply choose not to admit or deny the allegations.
In this article, our Greenville criminal defense lawyer looks at the Alford plea vs. no contest plea, which is also called nolo contendere. These are common pleas defendants enter, and the one you choose could have wide-ranging consequences. Reach out to William G. Yarborough, Attorney at Law, for assistance with your criminal case.
The Alford Plea
At base, the Alford plea consists of a defendant pleading guilty while still maintaining his innocence. The name comes from a Supreme Court case, North Carolina v. Alford (1970), where the defendant faced first-degree murder charges. Because a conviction could have resulted in the death penalty, he pleaded guilty but maintained his innocence.
The Alford plea advantages include:
- Avoiding trial.
- Negotiating a reduced sentence or a reduction in the number of charges a defendant is facing.
- Continuing to claim you are innocent.
Of course, the Alford plea has some disadvantages, too:
- You are pleading guilty and can be punished by the judge for your crime.
- You will have a criminal record, which you might not have if you had continued to fight and received an acquittal.
Why would someone choose to enter an Alford plea? Typically, a defendant realizes, in consultation with their criminal defense lawyer, that there is substantial evidence against them. They are surely about to be convicted, so they make a strategic choice.
What is a No Contest Plea (Nolo Contendere)?
When a defendant pleads No Contest, they avoid admitting guilt or professing innocence. Instead, the defendant merely accepts the punishment as if they are guilty. No contest pleas are a familiar type of plea when a defendant negotiates a deal with the state.
Defendants choose to enter a no contest plea for many of the same reasons as an Alford plea: hoping to avoid the cost and expense of trial. The no contest plea is the one main bargaining chip a defendant has when entering plea negotiations with the state. In exchange for a no contest plea, the defendant usually gets offered a reduced charge.
Differences Between Alford Plea and No Contest
On the surface, these two pleas look the same. The defendant’s plea has the effect of them receiving punishment as if they were guilty. Certainly, neither the Alford plea nor a no contest plea helps a defendant avoid criminal punishment.
Instead, both pleas are usually tactical choices that a defendant makes to avoid something worse—usually a more serious criminal charge with potential for a longer sentence. By accepting either the Alford or nolo contendere, the prosecution avoids the hassle of going to trial and, in exchange, offers a benefit to the defendant.
Nonetheless, the two pleas have some critical differences. The main difference is the effect of the Alford plea versus pleading no contest. The downstream consequences are different.
Some crimes also give rise to civil liability. Any private citizens victimized by the defendant’s conduct can file a civil suit for compensation.
If the defendant entered an Alford plea, then their plea can be used in the civil suit to establish liability. The defendant has already admitted the allegations about their wrongful conduct.
By contrast, if the defendant pleaded no contest, then this plea cannot be used in a civil suit.
An Example of the Difference Between Alford Plea and No Contest
One crime that gives rise to civil liability is drunk driving. Suppose an intoxicated motorist crashes into another vehicle. The drunk driver has committed a crime, but they also damaged someone’s car and probably gave the occupants injuries.
Any occupant can bring a personal injury lawsuit for financial compensation. They will need to prove the defendant failed to use reasonable care, and proof that they were intoxicated is one way to do that.
In most cases, the criminal case is resolved before the civil case even gets going. As you can imagine, a defendant’s plea matters a great deal:
- If the defendant enters an Alford plea, then this plea can be used to establish their guilt. The accident victims can use the plea to show that the defendant was liable for the crash.
- However, if the defendant pleads no contest (nolo contendere), then this plea cannot serve as an admission of guilt in the civil case. The car accident victims still need evidence to show the driver was negligent behind the wheel.
These are dramatically different results. By entering the Alford plea, a defendant would make things much easier for the personal injury plaintiffs to win their case.
Should You Even Plead Guilty?
A guilty plea is not the best choice for all defendants. Instead, there are times when you should enter “not guilty” and continue to fight the charges:
- The evidence against you is weak. For example, most of the witnesses against you could be convicted felons or have other credibility problems. The government has a high bar to clear to obtain a conviction.
- The government has engaged in misconduct. As examples, the police could have searched your home without consent or a warrant, or the prosecution did not turn over all the evidence to your defense team. In these cases, we might ask to have charges dismissed or evidence suppressed.
- The prosecution refuses to offer a deal, possibly because you have an extensive criminal history. You might have no choice but to fight for your freedom at trial.
One reason to hire an experienced criminal defense lawyer is to fully understand your options. A lawyer should know the relevant law and analyze the strength of the evidence.
Speak with a Greenville Criminal Defense Lawyer in a Private Consultation
William G. Yarborough brings more than 30 years of criminal defense experience to every case he accepts. To schedule a meeting, call our office today at 864-808-6871 or submit your information confidentially online.