Legal Question in Criminal Law in Minnesota

Alford Plea

What are your rights after an alford plea? My husband did that after we went to trail for a different case. They jury said he was guilty on that one so our lawyer said he wouldn't win if he went to trial again because they would use the trial against him. Now in prison they are talking that if he loses his appeal he has to admit and talk about what happened in those cases he did the Alford plea on. Well he didn't do it so does he just have to make something up to please them there?


Asked on 2/27/09, 4:29 pm

1 Answer from Attorneys
Thomas C. Gallagher Gallagher Criminal Defense

Re: Alford Plea

Though it is not clear from the question, it sounds like you are talking about a sex crime case. An "Alford plea" is a Minnesota guilty plea with a reduced factual basis at the time of the plea, accepted by the court. A person should avoid pleading guilty to a crime they did not commit. A better alternative would be a "Trial on Stipulated Facts" to a judge, in the sense that a plea deal could still be made without a guilty plea, and appeal issues could be better preserved.

As for sex offender treatment programs, offenders face a dilemma - since they can be "failed" for not admitting their crimes, as well as for failing a polygraph exam. There is no good answer to that one that I know of.

FFI: http://www.liberty-lawyer.com/sexcrimecharges.html

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Answered on 3/11/09, 1:46 pm


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