Legal Question in Criminal Law in Wisconsin

alford plea

does using an alford plea exempt the criminal from having to take sexual offender classes?


Asked on 11/28/08, 12:13 pm

1 Answer from Attorneys

JAY Nixon nixon law offices

Alford Plea of No Contest to Sex Offense; Sex Offender Registration

Any type of "no contest" plea, including an Alford plea, results in a conviction which is identical to the conviction resulting from a guilty plea or a jury verdict of "guilty" after a trial. The defendant is still subject to the same penalties and other conditions imposed by law, including sex offender registration, if that is required by the offense involved. A "no contest" plea simply means that the defendant admits that there is enough evidence to convict him and that he therefore chooses not to fight it. The only thing which is different about an "Alford plea" is that the defendant goes one step further in continuing to assert his innocence but tells the judge that the plea bargain on the table is "an offer he can't refuse." In other words, it is an offer which is too good to pass up, considering the risks that the "innocent" defendant could still be wrongfully convicted by a jury based upon a strong government case against him. If anything, judges and prosecutors tend to be tougher on defendants entering Alford pleas because that plea legally requires them to view the defendant as just as guilty as one convicted after a guilty plea. Persisting in a denial of responsibility by the defendant after conviction is therefore seen as a refusal to accept moral responsibility for his or her conduct. Such an attitude makes any criminal more dangerous than ones who accepts fault for what he has done because of a lack the ethical self control (or "conscience") as compared to a person who knows that they have done wrong and is sorry for it. This theoretically makes them more likely to repeat their misdeeds in the future than persons who have a functional conscience. Alford plea defendants are therefore seen as being more in need of incarceration or other drastic interventions in order to protect society from them than defendants who admit their guilt. All this being said, you should still discuss this issue with your own attorney since my online comments here are not legal advice intended for you.

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Answered on 12/08/08, 9:02 am


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