Tennessee Criminal Lawyer Blog

The choice of how to plead to criminal charges in Tennessee can be a difficult and confusing matter. It can also be very stressful given the consequences that flow from entering a plea. The following is a brief description of the various pleas available in Tennessee.

Not Guilty Plea - To plead “not guilty” is a Constitutional right. In fact, where the defendant fails to appear, the court must enter a plea of not guilty. By pleading not guilty, the defendant denies every material allegation of the prosecution’s complaint. A defendant who pleads guilty may rely on defenses, including affirmative defenses that admit certain facts while asserting other facts that, if proven, relieve the defendant from liability.

Guilty Plea - A guilty plea is the defendant’s admission in open court that he has committed the offense for which he has been charged. Once the guilty plea is entered, the court must verify that the plea was voluntary. If it is found that the plea was not voluntary, the trial court judge will reject the plea.

Plea of Nolo Contendere (no contest) - The defendant also has the option to plead no contest but must do so with the consent of the court. While the no contest plea has the same legal effect as a guilty plea, it differs from a not guilty plea in one major respect: The no contest plea cannot be used against the defendant in a criminal or civil action based upon the same facts since the plea is not an admission of guilt.

Best Interest Plea - A defendant sometimes enters this kind of plea when he or she wishes to accept a plea bargain and plead guilty while maintaining that he or she is innocent. This plea has given the courts some trouble because a guilty plea requires a factual finding that the plea was entered into voluntarily. The Supreme Court, however, has found the plea valid where 1) the defendant is represented by competent counsel, and 2) there is a record that strongly evidences guilt. Tennessee courts are not required to accept such a plea.

Conditional Guilty Plea - With the consent of the court, the defendant charged with a misdemeanor may enter a conditional guilty plea. When such is established, the court enters the plea but does not accept it until some condition is met. For example, the guilty plea may be conditioned upon the defendant’s successful completion of probation or community service. In this way, the defendant is still able to be punished without having his or her record tainted with a criminal conviction.

For additional information on pleas for a criminal case or if you’ve been charged with a crime in Tennessee, contact Baker Associates. Our knowledgeable and experienced attorneys can help you make the best decision for your specific case. Call 866-853-2888 today to speak with a skilled Sevierville criminal defense attorney willing to fight for you.