Criminal Defense Law: Plea Options and Strategies

Criminal defense law is complex. How you plead will have a direct influence on the outcome of your case. Before you plead guilty or not guilty, it is important that you understand all your options.

Pleading Guilty

You can plead guilty to the charge. Before you plead guilty you must understand the consequences of pleading guilty. If you plead guilty, the court will sentence you according to the law you have been charged under. It will result in a conviction and you will have a criminal record which can affect your life in many ways. If you already have a criminal record, pleading guilty can result in the enhanced penalties. If it is your first offense and the charge against you is a minor charge, then if you plead guilty you may eligible for diversion and may have to undergo counseling or do community service instead of jail term.

Nolo Contendere

When you plead Nolo Contendere, it essentially means that you are pleading no contest. In a Nolo Contendere plea, you neither admit nor deny the charges against you but you agree to the punishment or penalties. You leave it to the court to determine if you are guilty or not and to determine the penalties if you are found guilty. Generally a nolo contendere plea will result in a guilty verdict which will create a criminal record. When you plead Nolo Contendere you waive the right to trial and cannot contest the charges. In many states if you plead Nolo Contendere you will have very limited appeal rights if you are found guilty. You should consider this plea if the charge against you is minor but can subject you to civil liabilities. By pleading Nolo Contendere, you admit nothing and so it cannot be used against you in any civil case.

Plea Bargain

You can negotiate with the prosecution for a plea bargain. The prosecution will offer you a deal as an incentive to plead guilty. There are two kinds of plea bargain:

• Charge bargain – You can plead guilty to a lesser charge and the prosecution will drop the other charges.
• Sentence bargain – You will be informed of what your sentence will be if you plead guilty

Getting Legal Help

You can plead not guilty and contest the charges against you. You may have many different defense options based on the charges and your circumstances. You can also plead mitigating the presence of mitigating factors to lower your sentence. Consult an attorney specializing in criminal defense law to know you options when charged with a crime.