Alford plea in Massachusetts

2014L. c. 123, § 15(a), the defendant executed a waiver of rights and entered an Alford plea (North Carolina v. Alford, 400 U.S. 25 [1970]) to one count each of rape of a child under sixteen by force in violation of G.

2008On September 13, 1979, the plaintiff, John Doe, then twenty-two years of age, tendered an Alford plea, see North Carolina v. Alford, 400 U.S. 25 (1970), to a charge of rape.

2003In some cases, greater detail to the recitation of the elements of the offense is mandated, e.g., where a defendant did not acknowledge the facts underlying the charges, Commonwealth v. Correa, 43 Mass. App. Ct. at 717, 719 ; or where other aspects of the colloquy were faulty, Commonwealth v. Colon, 439 Mass. 519, 524-530 (2003), and Commonwealth v. Dummer, 47 Mass. App. Ct. 926, 928 (1999); or where the defendant was tendering an Alford plea, Commonwealth v. Nikas, supra; or where the facts as recited were ambiguous, Commonwealth v. Andrews, 49 Mass. App. Ct. at 204 .

2002“Typically, a defendant makes an Alford plea to a lesser charge, or for the purpose of obtaining a lesser sentence, when the State’s evidence is strong.” Commonwealth v. Nikas, 431 Mass. 453, 455 (2000).

2002See Commonwealth v. Lawrence, supra. 3.

1996While the second trial was pending, the defendant offered to make an “Alford plea” to manslaughter. 6 See Commonwealth v. Lawrence, 404 Mass. 378, 388-389 (1989), discussing North Carolina v. Alford, 400 U.S. 25 (1970).

2011See Boykin v. Garrison, 658 So.2d 1090, 1090-91 (Fla.App.4th Dist. 1995).

2003See Commonwealth v. Nikas, 431 Mass. 453, 455 (2000), quoting from Commonwealth v. McGuirk, 376 Mass. 338, 343 (1978), cert. denied, 439 U.S. 1120 (1999) (“[A] defendant may make ‘a plea of guilty accompanied by a claim of innocence in accordance with the standards of North Carolina v. Alford, 400 U.S. 25 [1970]’ ”).

2003In some cases, greater detail to the recitation of the elements of the offense is mandated, e.g., where a defendant did not acknowledge the facts underlying the charges, Commonwealth v. Correa, 43 Mass. App. Ct. at 717, 719 ; or where other aspects of the colloquy were faulty, Commonwealth v. Colon, 439 Mass. 519, 524-530 (2003), and Commonwealth v. Dummer, 47 Mass. App. Ct. 926, 928 (1999); or where the defendant was tendering an Alford plea, Commonwealth v. Nikas, supra; or where the facts as recited were ambiguous, Commonwealth v. Andrews, 49 Mass. App. Ct. at 204 .

2003In some cases, greater detail to the recitation of the elements of the offense is mandated, e.g., where a defendant did not acknowledge the facts underlying the charges, Commonwealth v. Correa, 43 Mass. App. Ct. at 717, 719 ; or where other aspects of the colloquy were faulty, Commonwealth v. Colon, 439 Mass. 519, 524-530 (2003), and Commonwealth v. Dummer, 47 Mass. App. Ct. 926, 928 (1999); or where the defendant was tendering an Alford plea, Commonwealth v. Nikas, supra; or where the facts as recited were ambiguous, Commonwealth v. Andrews, 49 Mass. App. Ct. at 204 .

2003See Commonwealth v. Nikas, 431 Mass. 453, 455 (2000), quoting from Commonwealth v. McGuirk, 376 Mass. 338, 343 (1978), cert. denied, 439 U.S. 1120 (1999) (“[A] defendant may make ‘a plea of guilty accompanied by a claim of innocence in accordance with the standards of North Carolina v. Alford, 400 U.S. 25 [1970]’ ”).

2000See Huot v. Commonwealth, 363 Mass. 91 , 95 n.4 (1973), quoting North Carolina v. Alford, supra. Typically, a defendant makes an Alford plea to a lesser charge, or for the purpose of obtaining a lesser sentence, when the State’s evidence is strong.