Alford Vs. Nolo Pleas

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You’ve probably heard of guilty pleas and not guilty pleas. You might even have heard of the nolo contendere (or no contest) plea option. But have you ever heard of the Alford plea? Alford pleas and nolo contendere pleas have quite a bit in common, but the differences can save you quite a bit of cash when you go to court for a traffic ticket. 

Alford vs Nolo Pleas

Alford and nolo contendere pleas are often talked about together in the many jurisdictions that allow them both. That’s because they share some of the same legal history and intent. However, the differences between these two plea options are significant, important, and should be considered before deciding which plea is right for you.

What Is a Nolo Plea?

Nolo pleas are no contest pleas. Nolo contendere is a latin phrase that essentially means “I do not wish to contend.” This plea involves accepting the violations as charged along with all of the associated penalties without admitting guilt. Think of a no contest plea as saying, “I’ll accept the penalties, but I’m not guilty of the charges.”

No contest pleas are similar to guilty pleas in that both pleas result in your being convicted and sentenced to face the penalties. However, there’s one key difference between nolo pleas and guilty pleas: Your nolo plea cannot be used against you in any future lawsuits that stem from the violation. A guilty plea can.

Unfortunately, most judges have the authority to approve or reject a nolo contendere plea. If the plea is rejected, you might be required to plead either guilty or not guilty.

What Is an Alford Plea?

Alford pleas are also known as “best-interest pleas.” The name comes from a 1970 U.S. Supreme Court case titled North Carolina v. Alford (400 U.S. 25.), in which a man named Henry Alford plead guilty to a murder charge while proclaiming his innocence. At the time, that plea was so unusual, that it led to some serious legal drama. But this isn’t daytime television, so we’ll stick to talking about what an Alford plea is and what it means for traffic cases.

To enter an Alford plea, both of the following requirements must be met:

  • You “intelligently conclude” that the guilty plea is your best option.
  • The evidence overwhelmingly supports a guilty verdict.

As with no contest pleas, most judges have the authority to approve or reject Alford pleas. However, the additional requirement of Alford pleas (in which the judge must first examine the evidence and determine that it’s highly likely to result in a guilty verdict) can make these pleas harder to have approved.

Why Would Someone Plead Alford?

When you enter an Alford plea, you avoid the cost and time involved in a full jury trial. This can save you and the state thousands of dollars in legal fees and court costs as well as months of back-and-forth with the state prosecutor. If you think you’re going to be convicted either way, this plea could save you a good bit of cash.

Oftentimes, pleading guilty to a crime (like you do in an Alford plea) results in significantly reduced penalties. So, if the odds are high that you’ll be convicted and face serious consequences, an Alford plea might save you from the worst of those possible consequences. 

But it’s important to realize that Alford pleas are not “get out of jail free” cards. Rather, they simply trade the possibility of severe penalties for the certainty of less severe penalties.

Why Would Someone Plead Nolo?

As with an Alford plea, one major benefit of a nolo contendere plea is that you avoid the cost and time required to go to court. In that way, a no contest plea can save you quite a bit of money in court costs and attorney fees. However, you will still have the conviction on your record and you will still face the associated penalties.

The most notable benefit of nolo contendere pleas, however, is the effect that doing so has on future civil lawsuits. Pleading no contest to a traffic ticket or criminal charge, for example, means that that plea cannot be used against you in the event that somebody decides to sue you over damages incurred when you committed the violation.

Let’s say you get a ticket for tailgating (following too closely) that resulted in a car accident. If you plead guilty, the person whose car you hit could use that guilty plea as evidence against you when they decide to sue you. If you plead nolo contendere, however, they have to start their case from scratch.

In What States Can You Plea Alford

Every state other than New Jersey, Indiana, and Michigan has some kind of Alford plea option. However, there are many jurisdictions in which these pleas are slightly different. In some counties, courts have ruled that Alford pleas are admissible in related civil suits. In others, the opposite is true.

In order to know what plea options are available to you in your area, you should download the WinIt app and contact a local traffic ticket attorney. Their years of experience and considerable expertise empowers them to understand the facts of your case in a way that you might not have considered before.

With help from the right lawyer in the right place at the right time, you can potentially take your case to court and win it with WinIt.

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