Home > Research Legal Advice > Criminal Defense > Can i plead guilty after being denied a plea agreement
Asked 7 months ago - Allen Park, MI
FlagI was not aware that a plea agreement was admitting to your guilt. as the judge asked me if i was admitting to my guilt, i told him i was innocent but i figured a plea agreement would be best way out , and did not have any knowledge of alcohol in the car i was in, i was very confused on why he told me that he would not accept my plea agreement, is it up to the judge to decide if i can still use the plea agreement offered or is that opportunity gone?
It is up to the court as to whether a plea agreement will be followed. It sounds like the reason that the court rejected the plea agreement is because you said you were innocent. In order to get a plea agreement one must enter a guilty plea. If you are innocent you should get an attorney and fight the charge.
As another attorney has indicated you can try to enter an Alford plea. Ultimately it is up to the court to decide if it will accept or reject such a plea. The judge refused to accept your plea because during the plea hearing you stated you were innocent. When a person claims they are innocent and that they have a defense under a non-Alford plea the court always should reject the plea offer.
In order to accept your plea a judge has to be convinced that you have provided what is known as a sufficeint factual basis for pleading guilty. So you must first admit your guilt clearly and without doubt in order for the judge to accept it. You may still have a chance to do this, if that's what you want to do--but I would repeat the advice that you first discuss this matter with an attorney that knows the court where you are facing charges.
Don't speak legalese? We define thousands of terms in plain English.
Browse our legal dictionary
