Welcome to DU! The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards. Join the community: Create a free account Support DU (and get rid of ads!): Become a Star Member Latest Breaking News General Discussion The DU Lounge All Forums Issue Forums Culture Forums Alliance Forums Region Forums Support Forums Help & Search

albacore

(2,405 posts)
Wed Aug 2, 2023, 12:08 AM Aug 2023

What happens if trump takes an Alford plea? Agnew did....

(NOT a lawyer... not even!)
"In criminal law, an Alford plea is a type of guilty plea in which the defendant does not admit to committing the crime but agrees that the prosecution has enough evidence to obtain a conviction. This type of plea allows the defendant to plead guilty but maintain their innocence in the eyes of the law."

He could then say all the usual bullshit about "radical courts" and talk about being railroaded because the deck is stacked against him, without having all the shit come out in court.

I want that fucker incarcerated, but his lawyers/advisors/family might convince him it's the only way out. Otherwise, he'll be in court for the rest of his life.

17 replies = new reply since forum marked as read
Highlight: NoneDon't highlight anything 5 newestHighlight 5 most recent replies
What happens if trump takes an Alford plea? Agnew did.... (Original Post) albacore Aug 2023 OP
as long as he's barred for running for office, then I'd take that Recycle_Guru Aug 2023 #1
No deals. Cartoonist Aug 2023 #2
Perhaps the idiot thinks he's immortal, but if not, he's got years to go... Silent3 Aug 2023 #3
He wouldn't do it. Ocelot II Aug 2023 #4
Nice explanation. n/t Ms. Toad Aug 2023 #12
Great explanation. I believe you're right that he won't do that for several reasons PortTack Aug 2023 #14
It also requires Smith's consent Effete Snob Aug 2023 #16
DENY it. elleng Aug 2023 #5
I want him electrocuted, he's done far worse than the Rosenberg's ever dreamed. Meadowoak Aug 2023 #6
With SOLAR power? usonian Aug 2023 #7
On international tv RainCaster Aug 2023 #10
The AUSA VGuerra276 Aug 2023 #8
Never happen. MerryBlooms Aug 2023 #9
Spiro Agnew pleaded "nolo contendere" FakeNoose Aug 2023 #11
As a practical matter - not much difference. Ms. Toad Aug 2023 #13
Can't do that without consent Effete Snob Aug 2023 #15
People still go to jail on Alford pleas. It's just another way of cutting the trial short without... marble falls Aug 2023 #17

Recycle_Guru

(2,973 posts)
1. as long as he's barred for running for office, then I'd take that
Wed Aug 2, 2023, 12:12 AM
Aug 2023

as long as he has to spend at least 6 months behind bars.

Silent3

(15,263 posts)
3. Perhaps the idiot thinks he's immortal, but if not, he's got years to go...
Wed Aug 2, 2023, 12:16 AM
Aug 2023

...before ever actually being punished (perhaps no worse than house arrest), so Trump is better off playing his usual game of playing for time.

Our legal system will happily oblige him here.

Ocelot II

(115,835 posts)
4. He wouldn't do it.
Wed Aug 2, 2023, 12:20 AM
Aug 2023

An Alford plea is still effectively a guilty plea; you plead guilty not because you're admitting to the crime, but because the prosecutor has sufficient evidence (beyond a reasonable doubt) to convict you at a trial. That is to say, you plead guilty without specifically admitting to the elements of the crime (allocution), and you'll still be sentenced to prison anyhow. I don't think TFG would do it because he'd have to admit that Jack Smith has enough evidence to convict him.

PortTack

(32,793 posts)
14. Great explanation. I believe you're right that he won't do that for several reasons
Wed Aug 2, 2023, 04:23 AM
Aug 2023

Mainly…he would be seen as weak in the eyes of his cult and they would begin to walk away from their der leeder. Translates to him losing his grift.

VGuerra276

(18 posts)
8. The AUSA
Wed Aug 2, 2023, 12:46 AM
Aug 2023

The AUSA would have to agree to it, if it's any type of plea. Plus, it would result in a conviction. I'm sure he would get some sentencing benefit for an early plea and not requiring our government to spend time preparing for trial. And he would have to 'accept responsibility' for his actions in order to receive another sentencing benefit.

FakeNoose

(32,745 posts)
11. Spiro Agnew pleaded "nolo contendere"
Wed Aug 2, 2023, 01:00 AM
Aug 2023

Is that the same as an Alford plea? I don't know...

Nolo contendere means "I'm not pleading guilty, but I'm not NOT guilty."

Ms. Toad

(34,087 posts)
13. As a practical matter - not much difference.
Wed Aug 2, 2023, 01:23 AM
Aug 2023

An Alford plea is a guilty plea (based not on a confession of guilt, but an acknowledgement the prosecution has enough evidence to prove guilt beyone a reasonable doubt. Since there is an actual guilty plea, some jurisdicitons might allow the plea itself to used to find liability for related civil claims arising out of the same incident. (E.g. a murder charge & civil claims from the survivor of the victim)

A nolo contendere plea is not a guilty plea - but a plea that allows the court to enter a verdict of guilty because the defendant is not contesting the charges. Since the defendant is not admitting guilt (even based simply on acknowledging prosecution's position of strength), the nolo plea itself cannot be used as the basis for finding liability for related civil matters arising out of the same incident.

There is not unform treatment of the pleas across all jurisdicitons, so differences (or even whether the pleas would be allowed) would be jurisdiction-specific.

marble falls

(57,182 posts)
17. People still go to jail on Alford pleas. It's just another way of cutting the trial short without...
Wed Aug 2, 2023, 07:43 AM
Aug 2023

... guilty. You basically are pleading guilty by the evidence, but innocent of the charges. It's more of a pride thing.

Latest Discussions»General Discussion»What happens if trump tak...