Alabama Plea of Guilty - Waiver of Rights

The defendant agrees to plead guilty or no contest (nolo contendere in Latin) to a crime in exchange for the prosecution dropping some of the charges, reducing the crime charged to a lesser crime, and/or agreeing to a certain sentence. If the defendant pleads guilty, the law requires that he do so honestly.

When thinking about getting charges dismissed, we tend to think of a dismissal before trial or before a plea agreement. Charges also can be dismissed even if the case has gone to trial and the defendant has lost.

The constitutional rights that a defendant waives by pleading guilty or no contest are: The right to a jury trial, guaranteed by the Sixth Amendment; The right to confront witnesses, guaranteed by the Sixth Amendment; and, The right against self-incrimination, guaranteed by the Fifth Amendment.

Know and understand the rights that they are waiving (giving up) by pleading guilty, including (1) the right to counsel if unrepresented, (2) the right to a jury trial, (3) the right not to incriminate themselves, and (4) the right to confront and cross-examine their accusers.

Tell the judge you plead guilty. You should address the judge as "your honor," although "sir" or "ma'am" also may be appropriate. Speak only when the judge says your name or asks you a question, and don't interrupt or attempt to argue with either the judge or the prosecutor.

Plea Bargaining: Areas of Negotiation Discusses the three main areas of negotiations involving plea bargains:charge bargaining,sentence bargaining, and fact bargaining.

Consider the plea you will be putting in the letter. Include your name and contact information at the top of the letter. Ensure you always address the judge as "Your Honor" in the letter.