Definition of a Court Plea
The term "plea" has a very specific meaning in the world of criminal law. A more simple way of stating a "plea" is to say that it refers to the answer an individual makes before a court regarding the charge(s) being brought against them. More specifically, when one is brought before a court of law faced with criminal charges, they will be asked by a judge to make a plea. That plea can either be guilty or not guilty, or though less common, an "nolo contendere" (no contest plea) or so-called "Alford plea" if the defendant does not want to fully admit guilt while still accepting the punishment for the crime.
Pursuant to Federal Rule of Criminal Procedure 11 and North Carolina statute ยง 15A-1027, a court should only accept a guilty plea if it is satisfied that there is a factual basis for the plea. The defendant should understand the nature of the charges, the rights they are giving up by pleading guilty or no contest, and that they are not doing so of their own coercion . By making a plea of guilty, a defendant gives up their right to jury trial, to be presumed innocent, to confront the witnesses against them, to cross-examine witnesses, to refuse to testify, and not to be compelled to incriminate oneself. Furthermore, if the plea is made pursuant to a plea agreement, the judge should address the defendant to determine the defendant’s understanding of the plea agreement.
It is easy to see how a plea in court is a very important part of a criminal proceeding. It is a crucial moment when the defendant makes a statement to the court signifying whether they believe, in their own heart, that they are guilty, and will willingly submit themselves to be punished by the state. Of course, other circumstances, such as a plea agreement (discussed previously), may even affect this very important decision regarding guilt.
Different Kinds of Pleas
In addition to the ‘not guilty’ plea, the defendant in a criminal case has several other options. For a guilty plea, this is straight forward. A defendant admits to the crime, and generally has to state the facts about this, and most of the time pursues a plea agreement with the prosecution. This guilty plea requires the sentencing phase of the case to occur after the guilty plea has been entered.
There is also a no contest plea, where the defendant does not contest or dispute the charges, but also does not admit guilt. The basic difference is that a guilty plea is an admission of guilt while a no contest plea is a simple concession of the prosecution’s case against the defendant. Both the no contest and the guilty plea mean that the defendant will lose their right to trial in that case. The judge must accept the plea, and then will impose the sentence for a guilty plea. For either, the defendant is giving up his or her right to take the case to trial.
There are also ‘special’ types of pleas that may be made as well. A not guilty by reason of insanity plea is one of these. When the guilty plea is put on hold for mental evaluation, this can be presented, allowing the defendant to be found insane and removed from the case with the defendant transferred to a mental facility for the appropriate period of time based on the severity of the crime.
There is also a Alford plea, which is similar to a no contest plea. This plea is taken when the defendant will plead guilty to criminal charges, but only maintains innocence. Exceptions may also be made from those taking place below a certain felony level so that it will not be placed on a permanent criminal record or if the defendant will be under penalty of perjury if he were to plead guilty.
The Process of Plea Bargaining
Part of the challenge in dealing with criminal charges is understanding how the court system works. Dr. Google will try to convince you otherwise, but the laws are not written by scientists, and they don’t always make sense to the layman’s mind. You have to be able to look past the legalese language of the statutes to see what they mean.
Plea bargaining is one such example where the words almost don’t matter. You do see legal terms such as nolo contendere or Alford plea, but in essence when someone says they’re going to plead guilty or take a plea, all they’re really talking about is making a deal with the prosecutor.
Many people say that plea bargaining makes it too easy to avoid prosecution. While there are some cases where plea bargaining has led to innocent people pleading guilty to crimes they didn’t commit, in the vast majority of cases it’s the only way for a defendant to avoid the penalties he or she faces. There are so many criminal cases in our justice system that it’s just not practical to take them all to trial. And no lawyer in his or her right mind would take a case to trial if he or she thought a client was likely to be found guilty anyway.
Everyone knows that no one thinks his or her kid is guilty, but when your baby is charged with selling drugs, the lawyer is the only one looking at the big picture. He always knows what the minimum penalty is going to be for a set of charges if the case was taken to trial, and he also knows that the prosecution is never going to throw the book at a first-time offender.
A plea bargain is usually a deal offered by the prosecutor in return for a guilty plea and an agreement to waive trial. The prosecution agrees to reduce the charge or the punishment, or both, in exchange for a guilty plea. This makes sense because there’s nothing in it for the state to spend money on a trial when it could be booked to bring in more money in fines and restitution while streamlining the system.
It’s not just plea bargains that clear the system out, either. Trials can be lengthy, and it’s expensive to prosecute a case when experts are used to testify. A criminal defense lawyer knows this and weighs it into the strategy. Ultimately, a criminal defense attorney is going to choose one of two courses of action: plead guilty to lessen the punishment or take the chances it will turn out favorably in front of a judge or a jury.
Plea bargains are often offered when a defendant is clearly guilty and the evidence against them is overwhelming. Or if law enforcement needs the defendant to help them uncover an even larger crime or plot, they may offer them a deal in exchange for their cooperation.
Factors to Consider When Deciding a Plea
There are a number of factors that can influence whether a defendant enters a particular plea or not, including the nature of the offense, the potential sentencing outlets, and any other extenuating circumstances that may be present. For instance, certain types of pleas are strongly recommended in order to receive a reduced sentence, while other factors can play a role in determining whether the defendant even pleads guilty at all. If a person is facing an indefinite sentence of incarceration, for example, that could certainly prompt them to consider entering a negotiated plea. The discussion would be over whether to receive a mandatory minimum sentence with no prospect for parole, or enter into a plea agreement with a heightened maximum sentence but also a more favorable minimum sentence. For an offense like manslaughter, theft, or robbery, plea discussions often involve consideration of whether the individual will receive a minimum-maximum sentence or a fixed sentenced followed by parole eligibility. In all of those cases, it is ultimately a gamble, and the defendant must weigh all of their options carefully because of the extreme range of sentencing possibilities . Considerations of parole eligibility and minimum sentences are much more relevant in a country with maximum sentences and higher percentage prosecutions like the United States. Reverse sentences and undetermined sentences are much more common in other countries, so statistically, the question of whether to plead guilty is much more of a concern for someone facing imprisonment in the United States for certain crimes. The depth of the evidence is another factor that will influence plea discussions. Whereas prosecutors may have significant evidence of guilt, they may also be willing to entertain a plea bargain on a lower offense that will involve little-to-no incarceration. For instance, a defendant facing a battery charge who pleads guilty to simple assault that will typically involve probation or a very short time period of incarceration, has little to lose by virtue of a plea bargain. Specific to the individual, the defendant may be impacted by the social connections they have in the community where they are trying to avoid incarceration and protect their livelihood. These are strong personal and factual reasons to seek a plea bargain rather than risk a conviction and sentencing.
Outcomes of a Plea
Entering a plea in a criminal proceeding carries certain legal ramifications. The effects of entering each type of plea are different. We explain the consequences of entering a plea below.
Guilty Plea
When you plead guilty to a criminal charge, you are admitting not just that you committed the act but also the elements of the crime. In other words, you are not arguing about whether or not you did something illegal, but that there are also spells of law that you violated. When you enter a plea of guilty, the judge tells you how much time you could serve and can then decide whether to impose all or part of the sentence. Or, the judge can tell you a longer period of time such as three years probation or 10 years in prison. The defendant must then say if they agree. The judge may decide to give an indictment, but again, it depends on the case itself. A guilty verdict results in a conviction. A conviction could mean a term of incarceration, fines, parole, probation, restitution, and other penalties. The crime for which the plea is entered goes onto the defendant’s permanent record.
Not guilty Plea
If you enter a plea of not guilty to a criminal charge, a trial or the court or administrative hearing usually follows. However, the state has the burden of proof to show that you are guilty beyond a reasonable doubt. Many felony cases are dismissed when there is insufficient evidence to prove that a person is guilty. A verdict of not guilty ends the case because the state has failed to prove guilt beyond a reasonable doubt. However, the defendant does not admit to the crime. A finding of not guilty does not mean that the court believes that the person did not commit the crime. It means that the defendant is entitled to a presumption in the legal system of being innocent until proven guilty in a court of law.
No contest Plea
Many people who plead no contest are doing so because they know that they have done something wrong or that their case is weak, but they do not want the plea to be a basis for civil liability. When you enter a plea of no contest, you’re saying, "I do not wish to contest a charge, but I am not admitting guilt." A conviction is still entered on your criminal record, but because human nature is what it is, it is much easier to explain a felony conviction with a Not Guilty plea than it is to explain a No Contest plea even though the latter does not necessarily mean that the person did it. No contest is the legal equivalent of saying "no competition." A plea of no contest typically can be lifted.
Changing a Plea
Changing a plea comes into play when the Defendant desires to change the guilty plea to one of not guilty or guilty to a different charge. The most common circumstance when this may occur is at sentencing when the Defendant desires to change his plea based on a plea agreement made with the prosecutor.
In this example, if someone was originally charged with Burglary in the First Degree and the Prosecutor is offering the plea of Burglary in the Second Degree and the term of incarceration is less than the period of time incurred for Burglary in the First Degree. Obviously , the Defendant in this case would want to enter a plea of guilty to Burglary in the Second Degree to not incur the higher term of incarceration (Burglary in the First Degree).
Another time when a Defendant would be apt to change his/her plea of guilty to one of not guilty is when they find out more information about the charges and evidence relied upon by the State. This may be either in the form of exculpatory evidence that would tend to lead to an acquittal if the case proceeded to trial or the potential penalty that may be incurred. With certain offenses, a plea offer may require the Defendant to register in the Sex Offender Registry. And in those cases, the Defendant may not wish to proceed there. Likewise, if the plea is open in the sense that the Defendant does not know what the Judge is going to impose for a term of incarceration, he/she may not wish to proceed as often times sentences are beyond what a Defendant expects or is even in their best interest after consideration of all of the factors involved in the offense.