and "Do you understand that upon your 'Alford plea' you will be treated as being guilty whether or not you admit that you are in fact guilty? He said he pled guilty so as to avoid the death penalty. [21] Justice White wrote that, "Express admission of guilt is not constitutional requisite to imposition of criminal penalty. This is similar to a plea of no contest, or nolo contendere, in that it moves the case past the trial component, straight to sentencing. A nolo plea operates just like a guilty plea except for one difference, which will be explained below. So when faced with either freedom while admitting guilt or retrial and potentially going right back to prison, the choice is actually an easy one. Alford was offered a plea deal in which, if he pled guilty to second-degree murder, he would receive a maximum sentence of 30 years in prison. In 1963, Henry Alford was accused and charged with first-degree murder, which made him eligible for the death penalty in his state of North Carolina. Open Container Violations Can Lead to More Charges, Meeting Previews for April 24, 2023: Angleton talks lights and speed limits, Court may end hiring freeze, Sweeny talks discolored water and West Columbia holds special meeting, Angleton ISD addresses concerns about air handling system and radio communication, Freeport forum: Candidates discuss ideas, goals to address city issues, Sweeny candidate forum addresses top issues, Oyster Creek just says no to opioid funds, Defining the right to fight: BC legal community talks self defense, Water frustrations filtered through Quintana council, Brazoswood High students win first place in Houston Rodeo competition. Many people think that pleading guilty, or that pleading nolo or Alford, will speed up the process and they can put the whole ugly event behind them. But in general, an Alford plea allows law enforcement and prosecutors to close a case with a conviction, even if the real perpetrator has not been identified and caught. Dallas County Judge Jill Porter sentenced Phelps to life in prison without parole. A charge of first-degree criminal sexual conduct was dismissed at sentencing as part of the plea. You need to consult an experienced Brazoria County DWI lawyer to determine the best course of action for your individual situation. James D. Phelps, 60, was charged with first-degree murder, first-degree kidnapping and abandonment of a corpse in the case of 33-year-old Cassidy Rainwater. States With Alford Pleas Not all states allow defendants to plead guilty while What are the advantages of an Alford plea? Those who have never faced the prospect of spending decades or the rest of their lives in prison may wonder how an innocent person can accept a plea that results in a conviction that will follow for life. Tad A. Nelson has continued to remain a leader in the DWI defense field during the course of a career that spans over 25 years. The Federal District Court of Appeals then ruled that Alfords plea was made involuntarily, citing the defendants statement of, I just pleaded guilty because they said if I didnt, they would gas me for it.. Alford accepted the plea but maintained his innocence. This form of plea is not allowed in courts of the United States military. The defendant who Its not perfect by any means, but it at least brings closure to some areas and some aspects., Sources: www.cbsnews.com, www.nbcnews.com, www.prisonlegalnews.org. While he maintained his innocence, he took the plea bargain under Alford. She is charged with robbery and assault. In the petition, Pearson pleaded to the charge as a petty misdemeanor, which is a prohibited offense that does not constitute a crime and carries a maximum sentence of a $300 fine. Please enable javascript and refresh the page to continue reading local news. [19], When a defendant indicates an intention to plead guilty by Alford plea, the judge asks two questions: "Do you now consider it to be in your best interest to plead guilty?" Case Details | 230858 - Michigan Can A DWI Conviction Keep Me From Carrying A Handgun In Texas? Due process advocates and liberals criticize plea bargaining because they fear that. WebThe Michigan Supreme Court is providing the information on this website as a public service. Advocates of abolishing plea bargaining ignore what reality of criminal courts? It could lead to convictions of innocent people. Phelps' house later burned to the ground in what investigators determined was arson. Faced with the uncertainties of a retrial and a desire to be free after years of wrongful imprisonment, many defendants enter the plea. See more. By using this type of This article originally appeared on Springfield News-Leader: Man charged in Cassidy Rainwater death enters plea, sentenced to life, according to Cornell Law School's Legal Information Institute, Murder charges filed, gruesome details released in Cassidy Rainwater case, Man charged in Cassidy Rainwater death enters plea, sentenced to life, Bond investors fearing recession, boost safety bets ahead of FOMC, US Futures Steady, JPMorgan Wins on First Republic: Markets Wrap, Exclusive-Biden administration could delay electric vehicles biofuel program decision, Ford's Kentucky Truck Plant road-tests a new quality strategy, FOCUS-Ford's Kentucky Truck Plant road-tests a new quality strategy.
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