This Motion is an official form used by the Commonwealth of Kentucky in criminal matters, and it complies with all applicable codes and statutes.
Kentucky Motion to Enter Guilty Plea Pursuant to North Carolina vs. Alford
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FAQ
Why will some judges not accept Alford pleas? a. because the defendant does not have to acknowledge guilt on the record and this is in direct contravention of what guilt is all about. In what hearing, does the defendant, in open court, admit to the conduct central to the criminality of crimes charged?
The primary reason an innocent person will use an Alford plea is because he or she lacks the evidence to support the defense.While the defending plea is similar to no contest, the accused will accept that he or she cannot defend against the charges successfully.
In most courts across the country, the prosecution can usually back out of a plea deal until the defendant actually enters the plea in court and the judge accepts it.Courts in many places consider statements inadmissible if a defendant makes them in reasonable reliance on the possibility of a plea deal.
An Alford plea is a type of guilty plea where the criminal defendant does not actually admit to committing the crime. Rather the defendant maintains their innocence; but still chooses to plead guilty because the prosecution has significant evidence against them.
If a judge rejects a plea agreement, they usually must state a justification on the record. In other cases, a judge may accept only certain terms of the agreement, while rejecting other terms, such as the proposed sentence. This is known as a partially negotiated plea.
An Alford plea is not the same as a guilty plea, it is the admission of guilt in a crime. The Alford pleas is a guilty plea by a defendant who claims to be innocent of the crime for which he is accused.No-contest means that you are conceding guilt without admitting that you're guilty.
The defendant maintains a claim of innocence, but agrees to the entry of a conviction in the charged crime. Upon receiving an Alford guilty plea from a defendant, the court may immediately pronounce the defendant guilty and impose sentence as if the defendant had otherwise been convicted of the crime.
Can a judge help? The judge can accept or reject a plea bargain. If she rejects a plea bargain she must allow the defendant to withdraw the guilty plea. Some judges will tell the attorneys what deal she would accept and some will not.
An Alford plea acknowledges that there is sufficient evidence for a judge or jury to convict the defendant and allows for a guilty plea without the accused actually admitting guilt.