Legal Question in Criminal Law in Minnesota

Alford plea sentencing

In an alford plea, is it appropriate / legal to require an apology from the defendant as part of their sentencing?


Asked on 4/07/04, 10:43 pm

1 Answer from Attorneys

Thomas C. Gallagher Gallagher Criminal Defense

Re: Alford plea sentencing

An "Alford plea" does not require an apology. An apology to a victim (if there is a victim) can often be helpful as part of a sentencing proceeding, including to the convicted person. However, to my knowledge, an apology cannot be required in a sentence. Perhaps a judge could make an apology a condition of a stayed prison term (a condition of "probation"), but the convicted person can, last I checked, demand an executed prison sentence, instead of "probation." It's difficult for me to imagine circumstances where it would be better to have an executed prison term, rather than probation with an apology as a condition, however. Still, that would be a "client decision" not a "lawyer decision."

Generally entry of a guilty plea in court, is separate and distinct from the sentencing process.

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Answered on 4/08/04, 11:13 am


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