The Alford Plea in Florida

There are situations in which defendants have occasion to use exceptional strategies to deal with their criminal charges.  One such possibility is called the Alford plea. It’s a little-known approach defendants might wish to consider under certain limited circumstances. What is it, and when is it a good idea?

The Alford Plea 

Florida law permits defendants who maintain that they are innocent in the face of significant evidence otherwise to enter the Alford plea. In some ways it’s similar to a nolo contendere–or no contest–plea, although with the Alford plea the defendant may still be convicted and sent to prison despite never admitting guilt or going to trial. It’s useful for defendants who are afraid that the risks of a trial may be greater than asserting the plea itself.

Benefits of the Alford Plea

An important goal for many defendants is to maintain their claims of innocence rather than to plead guilty to lesser charges. Having a record of this claim is a primary benefit of the Alford plea. Another key benefit of the Alford plea is that defendants have a comparatively fast and inexpensive way to address their charges. They avoid a prolonged and pricy trial, along with the stress and ambiguity that goes hand in hand with one. All of the uncertainties and apprehensions of a trial verdict are eliminated. When it comes to sentencing, defendants again sidestep the ordeal and emotional disruption of a trial. Additional advantages include:

• Sometimes the Alford plea can lead to discussions of a plea bargain for those interested.
• In high-profile cases when there are concerns about being able to find an impartial jury there is no need to seat a jury.
• The public showcase of a court case is avoided, giving the defendant a discreet, more private resolution to the case.
• Oftentimes, the judge may believe that a lighter sentence is appropriate than what a jury might choose.

The Downside of the Alford Plea 

Although still claiming innocence, the defendant will nevertheless be sentenced, have a criminal record, and endure all the effects associated with that, from social disgrace among friends and co-workers, to future challenges relating to employment and housing. Beyond that, there are other serious considerations:

• Research suggests that in some cases defendants wind up with longer sentences when choosing an Alford plea compared to those who receive a guilty verdict from a jury.
• Defendants may feel compelled to take an Alford plea because they are so fearful of the case going to trial, even if it is not the best option for them.
• Because they’d maintained their innocence throughout the process, when it ultimately comes time to petition for parole, it’s possible defendants may be perceived as lacking remorse.
• Some members of the public may misinterpret the plea and be confused about the actual innocence or guilt of the defendant.
• Victims and their families may find the outcome disappointing because they long to hear a defendant take responsibility for the crime.

What’s Right for You? 

Decisions about pleas of any kind are weighty. Having a Miami criminal defense attorney who is willing to fight to protect your rights and jockey to get the best possible outcomes for you is more important than ever. At The Law Office of Julia Kefalinos you can count on experienced, ethical legal assistance. To discuss, schedule a confidential consultation in our Miami office today.