Legal Question in Criminal Law in Minnesota

When you have a state conviction due to an Alford plea for terroristic threat, can they use that conviction to make you a "career criminal" in a federal drug case?


Asked on 1/24/11, 6:08 am

1 Answer from Attorneys
Thomas C. Gallagher Gallagher Criminal Defense

That is a question that would warant some legal research. It seems likely that it could be used, since a guilty plea with an "Alford" factual basis is still a guilty plea, with resulting conviction. But, I would still want to research the question to find support for the opposite conclusoin if I were the attorney of record on such a case. There might also be ways to collaterally atack priors.

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Answered on 1/28/11, 6:51 am


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