Alford Plea v. Nolo Contendere Plea v. Guilty Plea
Is there a difference between an Alford Plea, a nolo contendere plea and a guilty plea. To begin, a plea of guilty is, in effect, "a conviction, the equivalent of a guilty verdict by a jury. In choosing to plead guilty, the defendant is waiving several constitutional rights, including his privilege against self- incrimination, his right to trial by jury, and his right to confront his accusers." State v. Andrews, 253 Conn. 497, 502-503 (2000).
Under North Carolina v. Alford, 400 U.S. 25 (1970), a criminal defendant is not required to admit his guilt, but consents to being punished as if he were guilty to avoid the risk of proceeding to trial. . . . A guilty plea under the Alford doctrine is a judicial oxymoron in that the defendant does not admit guilt but acknowledges that the state's evidence against him is so strong that he is prepared to accept the entry of a guilty plea nevertheless." (Citation omitted; emphasis added; internal quotation marks omitted.) State v. Daniels, 248 Conn. 64, 66-67 n.2 (1999). The entry of a guilty plea under the Alford doctrine carries the same consequences as a standard plea of guilty. By entering such a plea, a defendant may be able to avoid formally admitting guilt at the time of sentencing, but he nonetheless consents to being treated as if he were guilty with no assurances to the contrary. State v. Faraday, 268 Conn. 174, 204-205 (Conn. 2004).
Finally, a guilty plea under the Alford doctrine is . . . the functional equivalent [to an unconditional] plea of nolo contendere". State v. Palmer, 196 Conn. 157, 169 n.3 (1985); which itself "has the same legal effect as a plea of guilty on all further proceedings within the indictment. . . . The only practical difference is that the plea of nolo contendere may not be used against the defendant as an admission in a subsequent criminal or civil case." (Citations omitted; internal quotation marks omitted.) Town of Groton v. USW, 254 Conn. 35, 49 (2000). It is clear, however, that a nolo contendere plea also constitutes a waiver of all nonjurisdictional defects in the same manner as a guilty plea. State v. Madera, 198 Conn. 92, 97 n.5 (1985); cf. Lott v. United States, 367 U.S. 421 (1961). See also Conn. Gen. Stat. ยง 54-94a.
