Legal Question in Criminal Law in Minnesota

Alfred Plea

I am curious about the Alfred Plea. My soon to be ex-husband took an Alfred Plea on a Criminal trial and I am wondering what that means.

Thank you for your time.


Asked on 6/20/05, 9:33 am

1 Answer from Attorneys

Thomas C. Gallagher Gallagher Criminal Defense

Re: Alford Plea

An "Alford plea" is a guilty plea, without the defendant's admission of the factual basis for the guilty plea, but rather agreement that defendant is satisfied that, based upon the evidence likely to be admitted at trial by the prosecutor, the trial could result in conviction. In order to result in conviction, every valid guilty plea to a criminal charge must be supported by a "factual basis," generally the defendant's admission of the key elements of the crime.

The "Alford Plea" is named after a case where the Minnesota Supreme Court approved such a plea, State vs. Alford. It is often used where a defendant decides to plead guilty, but has no recollection of the events surrounding the alleged crime -- often due to being intoxicated by alcohol at the time. Sometimes, it may be a matter of a defendant's pride or shame, not wanting to admit what happened. Rarely, it could happen when a defendant is afraid of being convicted based upon available evidence, even when they know they are falsely accused and "innocent in fact."

The trial court judge does not have to accept any given guilty plea (and factual basis); and, a few say they will not accept "Alford pleas."

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Answered on 6/20/05, 11:32 am


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