Chapter 2 - § 2.3 • ALFORD PLEAS

• Jurisdiction: Colorado

§ 2.3 • ALFORD PLEAS

An individual accused of a crime may voluntarily, knowingly, and understandingly plead guilty and consent to the imposition of a sentence even if the individual is unwilling or unable to admit his or her participation in the acts constituting the crime, or even if his or her guilty plea contains a protestation of innocence, when the individual intelligently concludes that his or her interests require a guilty plea and the record strongly evidences the individual's guilt. North Carolina v. Alford, 400 U.S. 25 (1970), is the case upholding this type of plea.

The question presented in Alford was whether a guilty plea could be accepted when accompanied by protestations of innocence. The Supreme Court decided that with adequate advisement and intelligent waiver of rights, a guilty plea may be accepted when accompanied by strong evidence of actual guilt. Thus, one additional requirement is added to the usual requirements for a valid plea: a showing of strong evidence of actual guilt. The court should ensure the defendant realizes that he or she is waiving all of his or her rights, as well as any defenses he or she may have to the charge.

The issue has been raised whether, for federal constitutional purposes, a factual basis must be stated when a defendant tenders an Alford plea. See Willett v. Georgia, 608 F.2d 538 (5th Cir. 1979); and Wallace v. Turner, 695 F.2d 545 (11th Cir. 1983); and see generally J. Bond, Plea Bargaining and Guilty Pleas, § 3.55(c)(3) (2d ed., 1982). The Tenth Circuit case of Freeman v. Page, 443 F.2d 493 (10th Cir. 1971), is cited among those holding that the due process clause does not impose a duty on state trial judges to ascertain a factual basis before accepting a plea of guilty or no contest that is accompanied by protestations of innocence.

It has been suggested that the following matters be put on the record in connection with an Alford plea:

• A detailed explanation of the evidence against the defendant;
• The dispute the defendant has with the facts alleged by the prosecutor;
• Detail as to the dispute to ascertain whether there is strong evidence of guilt;
• The defendant's discussions with counsel regarding the entry of the plea;
• The age and education of the defendant;
• Other relevant factors, such as discussions by the defendant with family;
• The defendant's explanation of why he or she is entering this plea if innocent;
• The defendant's

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