Can a person change to an Alford plea after they are already sentenced?the judge told my fiancee if he didnt plead guilty now the next court day would be trial so he plead guilty because if not he...

Can a person change to an Alford plea after they are already sentenced?

the judge told my fiancee if he didnt plead guilty now the next court day would be trial so he plead guilty because if not he could have gotten twenty years

Expert Answers
pohnpei397 eNotes educator| Certified Educator

In general, once you plead guilty, you cannot take that guilty plea back.  When a person pleads guilty, the judge asks them a bunch of questions to make sure they really know what they're getting into.  So if you want to get out of a guilty plea, you have to be able to come up with some reason why your guilty plea shouldn't count.

For example, Sen. Larry Craig tried to take back a guilty plea a few years ago.  He said that he had just been so stressed out by being charged with a crime that he didn't know what he was doing.  The judge did not let him take the plea back.

For specifics, you're going to have to consult a lawyer who knows more about this kind of thing in your particular state.  But in general, it's very hard to take back a plea once you've entered it.

lrwilliams eNotes educator| Certified Educator

An Alford Plea is different than a guilty plea. If you agree to an Alford Plea you are not admitting guilt, just recognizing that the Prosecution has an abundance of overwhelming evidence that suggests you’re guilty. Therefore you determine that if this goes to trial the chance that a jury of peers finds you guilty of the charges against you are pretty high. The Alford Plea is submitted before sentencing, once sentencing has taken place you are unable to change your plea, only appeal. One reason to submit an Alford Plea would be to avoid prosecution for a more serious charge.