In criminal law, the term plea refers to a defendant’s answer to legal charges or a legal declaration. A defendant can enter a plea of guilty, not guilty, or no contest to charges brought against them by the state or the United States.
The following are three types of pleas that a defendant may enter:
A guilty plea will automatically be entered if a defendant fails to enter a plea or fails to appear in court.
Plea bargaining is the process of agreeing with the prosecution and the defense to settle the case.
Commonly, the defendant will agree to plead guilty in exchange for a lesser charge(s). This usually means less punishment, and any plea bargains are subject to the court’s approval.
There are several steps involved in entering a guilty or no contest plea. For the court to accept either a guilty or no contest plea, the defendant must be placed under oath, and they must understand the following:
The court will also ensure that the defendant’s plea was voluntary and not made under duress or coercion, nor did it result from any type of threat.
Finally, the court must determine a factual basis for the defendant to plea in such a manner. To do so, the court will investigate the evidence, and if there is reasonable cause that the defendant committed the crime, the plea will be accepted.
In some circumstances, it may be possible to withdraw a guilty plea or no contest plea. Usually, a defendant can withdraw a guilty plea that the judge has not yet accepted.
A defendant may be able to withdraw their guilty plea if sentencing has not yet occurred and if the judge rejects the plea bargain to which the defendant has pleaded.
For instance, if a defendant pleads guilty to burglary in exchange for a lighter sentence of two years, but the judge intends on sentencing him to four years, it may be possible to withdraw the guilty plea.
A post-sentence withdrawal of a guilty or no contest plea is unlikely. A judge will usually only allow a plea withdrawal if there is a blatant injustice.
In exchange for a better deal, a plea of guilty or no contest usually means a defendant waives their right to appeal the plea.
However, suppose it is discovered that the plea was entered involuntarily, or the defendant did not understand their charges and the effects of a guilty plea. In that case, a judge may allow an appeal.
Peremptory pleas claim that a case cannot proceed for one reason or another. They are called peremptory pleas because rather than being an answer to the question of guilt or innocence, they are a claim that guilt or innocence should not be considered.
Peremptory pleas include:
A defendant who refuses to enter a plea is usually interpreted as giving a plea of not guilty. The Federal Rules of Criminal Procedure state if a defendant refuses to enter a plea or if a defendant fails to appear, the court must enter a plea of not guilty. If a defendant enters some unorthodox plea, it is usually interpreted as a plea of not guilty.
Special pleas used in criminal cases include:
Special pleas in federal criminal cases have been abolished. Defenses formerly raised by special plea are now raised by a motion to dismiss.
Conditional pleas are ones where the defendant pleads guilty to an offense but specifically reserves the right to appeal certain aspects of the charges. For example, a defendant may reserve the right to appeal that evidence was illegally obtained.
Malingering or faking an illness during a competency evaluation has been considered an obstruction of justice and may lead to an enhanced sentence. Even if you plead guilty, you may not be awarded a reduction in your sentence because faking an illness is considered to mean that you do not accept responsibility for illegal behavior.
A plea in mitigation is a term used during criminal law proceedings. It typically involves a lawyer telling a judge of extenuating circumstances that could result in lesser sentences for an offender.
An arraignment is typically the first court date you will have in any criminal case after you post bond. Arraignments are where you plead guilty, no contest, or not guilty. If you have retained a legal team before your arraignment date, your presence at the arraignment should not be necessary. Your lawyer will have filed a written plea on your behalf.
If you have been accused of a crime, you should contact a criminal defense attorney as soon as possible. An experienced lawyer will advise you of your rights and help you build a case in your defense. Your attorney will also represent your best interests in court and guide your best course of action. Use LegalMatch today to find the right criminal defense attorney for you.