Legal Question in Criminal Law in Minnesota

Alford Pleas

A friend of mine entered an alford plea to a domestic charge at the hearing the judge stated she was not going to list a conviction and was not going to accept a guilty plea and that he would have to pay a $300 fine and 1 year probation. Now he is to have a revocation hearing with the DOC because he is was on intensive supervised release at the time of the domestic charge. How could the DOC view this alford plea is it possble to send reincarcerate him even though he is not convicted?


Asked on 4/16/09, 1:36 pm

2 Answers from Attorneys

Maury Beaulier612.240.8005 Minnesota Lawyers

Re: Alford Pleas

An alford plea means that the defendant agrees that there may be suffcient evidence in the case to convict him and, as a result, he wishes to take advantage of the plea agreement. A plea that is withheld and never enterd, however, never adjudicates guilt.

Whether such an Alford plea may constitute a violation of probationary conditions or parole depends on the conditions of the probation and/or parole. Although a conviction is not necessarily required, an agreement where there are no stipulations as to the facts of the case, may make for strong arguments that conditons to generally remain "law abiding" have not been violated. To argues such an issue effectively, he should have legal counsel.

For a consultation call 612.240.8005.

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Answered on 4/16/09, 2:00 pm
Thomas C. Gallagher Gallagher Criminal Defense

Re: Alford Pleas

It sounds like you are describing a "Stay of Adjudication" (where a guilty plea is offered, but not accepted by the court for a period of time, on conditions). I am not sure if MN Dept of Corrections rules would make that a violation of conditional release. Apparently they think so, else why would they have scheduled a revo hearing? He should talk to his lawyer in the DOC case. In some situations, bad consequences can flow from a guilty plea, even where there is no "conviction."

www.Liberty-Lawyer.com

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Answered on 4/16/09, 3:50 pm


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