What is a Naked guilty plea in a military court martial?
A naked plea is when your client pleads guilty to some or all of the charges on the charge sheet but without the protection of a pretrial agreement or a cap on the sentence.
Is a "naked" guilty plea worth it?Many lawyers believe that if they plead their client guilty without the protection of a plea deal, then their client will gain special favor with the judge or jurors and will therefore receive a lighter sentence. Defense lawyers often argue to the judge, "My client came in here today, without the benefit or protection of a pretrial agreement, and admitted to what he did."
Think twice before doing a "naked" pleaUnfortunately, this reasoning may carry no weight with the judge or jury. They will sentence your client for what he is convicted of, taking into consideration the aggravating and mitigating circumstances of the case. If your only reason for entering into a naked plea is to perhaps gain the favor of the jury, then you are gambling with your client's freedom, and you will likely lose that gamble.