What is a Factual Basis for a Guilty Plea?
Were you recently arrested for a criminal offense in Indiana? If you are facing serious charges, especially felony charges, or if you have a prior history of a criminal conviction, you could be facing significant penalties under Indiana law if you are convicted. Accordingly, you may be wondering if it would make sense for you to agree to plead guilty to an offense in exchange for a conviction of a lesser charge or a less severe penalty. You might also be wondering if it is possible for you to enter a guilty plea in order to be assured of a lesser penalty while still maintaining your innocence.
Under Indiana law, it is not possible to plead guilty while asserting your innocence. Rather, the Indiana Code requires that there be a “factual basis for a guilty plea.” Our Indiana criminal defense attorneys can explain in more detail.
A Plea of “No Contest” Is Not Permitted in Indiana Criminal Cases
In Indiana, if you want to plead guilty to an offense, you must provide sufficient information about your guilt to meet what is known as a “factual basis” under Indiana law. We will explain the factual basis more below, but first, it is important to understand how this requirement differs from other states.
Many other states permit what are known as Alford pleas, nolo contendere pleas, or a plea of “No Contest” in criminal cases. Indiana does not (except for nolo contendere pleas in certain traffic infraction cases).
An Alford plea is also known as a “best interests plea,” and it is a type of plea in which an individual formally pleads guilty to a criminal offense but maintains their innocence. A No Contest Plea, or nolo contendere in latin, is similar but different from the Alford plea. A nolo contendere plea is a type of plea in which an individual formally pleads guilty to an offense but does not admit specific guilt or assert innocence. Neither Alford pleas nor nolo contendere pleas require an individual to provide facts about their guilt in order for the plea to be accepted by the court.
Your Guilty Plea Must Include Facts or Evidence About Your Role in the Offense
Under IC 35-35-1-3, any voluntary plea must include information from the defendant or the evidence in the case about the defendant’s role in committing the offense. The statute specifically says that “the court shall not enter judgment upon a plea of guilty…at the time of the crime unless it is satisfied from its examination of the defendant or the evidence presented that there is a factual basis for the plea.”
In short, in Indiana, the court will not accept a guilty plea if you formally plead guilty while still maintaining your innocence. Indiana is one of few states where this is how the law works. Why does it work this way? According to the Indiana Supreme Court in the case Butler v. State (1995), the purpose of the factual basis requirement is to “ensure that a person who pleads guilty truly is guilty.”
Contact Our Indianapolis Criminal Defense Lawyers for Help
If you are facing any type of criminal charges in Indiana, it is important to discuss the pros and cons of a potential guilty plea with an experienced Indianapolis criminal defense lawyer at Rigney Law LLC. For many individuals who are facing criminal charges, a guilty plea can be a way to reduce the severity of the charges and to receive a lesser penalty. Yet pleading guilty to a criminal offense will result in a conviction on your criminal record, so it is critical to discuss your specific circumstances with an attorney who can assist you. Contact our firm today for help with your defense and to discuss the possibility of a guilty plea.
Sources:
law.cornell.edu/wex/alford_plea
law.justia.com/codes/indiana/2010/title35/ar35/ch1.html
law.justia.com/cases/indiana/supreme-court/1995/45s03-9502-pc-247-4.html
