Should you plead not guilty to the charges against you and take the case to trial? Or should you plead guilty to the charges, letting a judge determine your fate? In Oklahoma, there are several plea options that go beyond simply pleading "guilty" or "not guilty," but the distinctions between the pleas can be subtle.
What Are the Types of Pleas in a Criminal Case?
The types of pleas in a criminal case include not guilty, guilty, nolo contendere (no contest), and the Alford plea. Each plea has a different legal effect and determines how a criminal case will proceed, whether through trial, sentencing, plea negotiations, or another resolution of the charges.
Not Guilty Plea
A not guilty plea is a formal response to criminal charges in which the defendant denies committing the offense. A not guilty plea requires the prosecution to prove every element of the crime beyond a reasonable doubt. By entering a not guilty plea, the defendant preserves their constitutional rights, including the right to a trial, the right to confront witnesses, the right to present a defense, and the right to require the government to meet its burden of proof before a conviction may be entered. The vast majority of criminal defendants plead not guilty. The primary reason for this is procedural. The defendant is generally required to enter a plea at an arraignment hearing before they, or their attorney, have had a chance to review all of the evidence, received discovery, investigated the case, or engaged in plea negotiations. So it makes sense to enter a plea of not guilty.
Guilty Plea
A guilty plea is a formal admission by a defendant that they committed the criminal offense they have been charged with. By entering a guilty plea, the defendant waives several constitutional rights. These constitutional rights include the right to a trial, the right to confront witnesses, the right against self-incrimination, and the right to require the prosecution to prove guilt beyond a reasonable doubt. A conviction is entered once a court accepts a guilty plea, and the case typically proceeds to sentencing without a trial. Guilty pleas are often entered as part of a plea agreement in which the defendant receives reduced charges, a lesser sentence, or another negotiated benefit in exchange for accepting responsibility for the offense. The vast majority of criminal convictions are obtained from guilty pleas rather than trials. In Federal court up to 98% of convictions result from guilty pleas.
Nolo Contendere (No Contest)
A nolo contendere plea, or "no contest" plea, is a plea in which the defendant does not admit guilt but accepts a criminal conviction and the penalties imposed by the court. Unlike a guilty plea, a nolo contendere plea is not an admission of guilt by the defendant. A no contest plea generally has the same legal effect as a guilty plea in the criminal case, including a conviction and sentencing. Defendants may enter a nolo contendere plea to resolve a criminal case without formally admitting guilt, particularly when they are concerned about how an admission of guilt could affect related civil litigation or other legal proceedings.
Alford Plea
An Alford plea is a type of plea in which a defendant maintains their innocence while accepting a criminal conviction. The defendant acknowledges that the prosecution has enough evidence to likely convince a jury of their guilt at trial instead of admitting they committed the crime. An Alford plea allows a defendant to accept a plea agreement and avoid the risks of trial without expressly admitting guilt. Once accepted by the court, an Alford plea generally has the same legal effect as a guilty plea, including a conviction and sentencing. The difference between an Alford plea and a nolo contendere plea centers on the fact that the defendant is allowed to maintain their innocence despite the strength of the evidence against them.
Infographic Explaining Please in Criminal Cases
The infographic below shows the various pleas a defendant may submit during a criminal case.
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<p><strong>Used with Permission - Courtesy the Phillips and Associates.</strong><br><br><a href="http://www.oklahoma-criminal-defense.com"><img src="https://cdn.prod.website-files.com/5d8674df08e53e517fe73292/5e3b1f90fbfab177571a73b9_Types%20of%20Pleas.jpg" alt="Infographic: Types of Pleas in Criminal Cases" width="540px" border="0"></a></p>
