Pleas

What is a plea?

A plea is a formal declaration of guilt or responsibility for a particular criminal offense. By entering a “plea” to a criminal offense, you give up your right to a Trial on that offense.

What are the different types of pleas?

Two types of pleas exist in criminal cases: (1) a “guilty” plea; and (2) a “no contest” (or nolo contendere) plea.

What are the similarities between a “guilty” and “no contest” plea?

Both types of pleas result in criminal convictions, except in deferred sentencing matters, and both pleas subject you to the same maximum penalties and possible sentences. For more information on deferred sentencing, see the appropriate links on this website.

What are the differences between a “guilty” and “no contest” plea?

The differences lie mainly in the procedure for giving the plea and in potential protection in a subsequent civil lawsuit for the same conduct.

On the procedure, a guilty plea requires you to tell the judge, on the record, in open court, what you did to make you guilty of the offense. With a “no contest” plea, you do not have to tell the judge specifically what you did. Instead, you or your attorney may give the court a written document, such as a police report or a Preliminary Examination transcript, which the judge will silently read to see if there is a factual basis to support the offense. If there is a factual basis, the judge will make findings of fact and conclusions of law on the record, stating why you’re responsible for the offense.

On the potential protections, a “no contest” plea makes it more difficult for an attorney who may subsequently sue you over the same conduct that was at issue in the criminal case. For instance, if you enter a guilty plea, the attorney who is suing you can simply get a copy of the plea transcript and enter it into evidence in the civil lawsuit as an admission by a party opponent. (This is possible because a criminal case has the highest quantum of proof in our legal system—beyond a reasonable doubt—while civil cases have a lower quantum of proof, by preponderance of the evidence or by clear and convincing evidence.) In contrast, if you enter a “no contest” plea, your incriminating words were not made part of the record, so the attorney in the civil suit will have to prove the case against you, just like the prosecutor in the criminal case would have had to have done if you hadn’t pled guilty or no contest.

Are there requirements for using a “no contest” plea?

Yes. Under Michigan court rules, the court and prosecutor must first consent to the use of a “no contest” plea. Typically the court and prosecutor will consent to the use of a “no contest” plea if either of two circumstances exist: (1) you were so intoxicated at the time of the offense that you cannot recall the circumstances of the offense; and (2) you believe someone may later try to impose (or already has tried to impose) civil liability on you for the same conduct at issue in the criminal case.

NOTE: Civil Liability means that another citizen sues you for an offense rather than the state charging you with a crime.

What occurs during Plea proceedings?

First, you must go into the courtroom, on the record. The court will call your case, including the case number and party names. It will then ask you if you are the named defendant, and then ask for the terms of the plea agreement, which the prosecutor or your counsel will provide. It will then ask you if those terms are correct, whether anyone is forcing or coercing you to accept this plea agreement, and whether any additional promises have been made to you to get you to plead.

After asking you about the terms of the plea agreement, the court will ask you how you plead. You will state either “guilty” or “no contest.” Then the court will ask you whether you understand all the rights you’re giving up, like your right to have a jury trial, to cross-examine prosecution witnesses, to call your own witnesses, to present a defense, to remain silent, to be presumed innocent, and to appeal your case. Then the judge, in guilty plea cases, will ask you to provide a factual basis to support the offense, i.e., to tell the court why you think you’re guilty of the offense.

What is a plea offer?

It’s an offer made by the prosecution regarding the case, charge, or sentence. You do not have to accept the offer, and you may instead make a counter-offer.

What is a plea agreement?

It’s an accepted plea offer. In other words, it’s a negotiated agreement, or “meeting of the minds,” between the prosecution and defense (and sometimes the judge), regarding the charge or potential sentence in your case. In a typical plea agreement, the prosecutor agrees to allow you to plead guilty to a lesser or different charge, or agrees to offer you protection from a potentially harsh sentence, such as jail time or high fines and costs, in exchange for not taking the case to Trial. Almost any condition can be placed on a plea agreement. Plea agreements are limited mainly by the creativity the parties/attorneys.

Do I have a right to a plea offer or agreement?

No. You have no constitutional, statutory, or common law (i.e., case law) right to a plea offer or agreement. The prosecutor can decide to make no offers to you. In fact, prosecutors many times will promise to increase the severity or amount of charges against you if you do not plead as charged. Whether it is prudent for you to plead as charged, or accept a plea offer, is a question to be determined, on advice of counsel, on a case-by-case basis.

Is there a deadline for the acceptance of a plea offer or agreement?

Yes, there usually is. On plea offers, the prosecution can place a deadline on the acceptance of a plea offer, including a deadline on the entry of a plea after an offer has been accepted and therefore turned into a plea agreement. Furthermore, the court usually requires you to enter the plea BEFORE the scheduled date of Trial. In fact, many courts will require entry of a plea at least 3 to 5 days before the Trial date.

Can I plead at any time during my case?

Generally, yes. However, there are some significant limitations, like not being able to plead on the day of the scheduled Trial. Courts try to accommodate defense requests to schedule plea hearings. But just remember: don’t plead at Arraignment, and don’t plead unless you or your attorney have had a chance to negotiate a plea agreement that is in your best interest.

Can I change my mind after I’ve entered a plea?

Generally, no. Once you’ve entered your plea, the plea may only be withdrawn under certain, specific circumstances. The circumstances under which a plea may be withdrawn are beyond the scope of this website.

Can the judge increase my bond or change bond conditions at the plea hearing?

Yes. A judge may address bond, including the amount or any conditions, at the request of either party, during the plea hearing. In fact, the judge may address bond at anytime during the case. This is why you should have an experienced attorney at your side at all times in your case. He or she will know what facts to argue to assure the judge you are not a flight risk or a danger to anyone.