Legal Question in Criminal Law in Minnesota

Can a prosecutor offer a plea agreement with a waiver on an Alford Plea, insisting that the plea agreement can only be accepted if defendant pleads guilty and admits to and describes all charges when it has been made clear that defendant cannot remember anything that happened because of severe alcohol intoxication?


Asked on 3/31/12, 12:10 pm

1 Answer from Attorneys
Thomas C. Gallagher Gallagher Criminal Defense

Yes. There are few limits on what a prosecutor (or defendant) can demand in terms of a settlement agreement. The alternative is always to continue litigation, through a trial. For my clients, I have recommended that they avoid committing perjury by swearing to facts that are false - such as remembering things that they do not actually remember. I recommend they tell the truth. When it comes to Alford pleas, on the one hand they are guilty pleas, and on the other hand they generally will not help the defense at sentencing.

Read more
Answered on 4/01/12, 5:33 am


Related Questions & Answers

More Criminal Law questions and answers in Minnesota