When you are charged with a crime in Massachusetts, you have the opportunity to defend yourself against the charges. As part of that defense, you have the right to view the prosecution’s evidence against you. In some cases, evidence may be insufficient, or it may even have been unconstitutionally obtained and subject to dismissal by the court as such. In other cases, though, evidence may be very concrete and convincing. In these cases, you may consider an admission to sufficient facts. Here’s what you should know about an admission to sufficient facts in Massachusetts and how our Massachusetts criminal defense attorney can support you—
What Is an Admission to Sufficient Facts?
When you make a plea of “admission to sufficient facts” in Massachusetts, you are essentially telling the court and the prosecution that were the prosecution to proceed with the case, it would be able to present sufficient evidence to secure a conviction of guilt against you.
Why Make an Admission to Sufficient Facts?
While making an admission to sufficient facts may not be appropriate in all cases, it could be beneficial in cases of DUI/OUI, robbery, larceny by stealing, domestic violence, and other crimes for which a period of incarceration is possible upon a conviction of guilt.
Once an admission of sufficient facts is made, the case can continue without a guilty finding.
What Happens After an Admission to Sufficient Facts?
If a defendant makes an admission of sufficient facts, they waive their right to a trial by jury, the right to call and question witnesses, the right to refrain from self-incrimination, and the right to be found innocent until proven guilty beyond a reasonable doubt. For immigrants, an admission to sufficient facts can also have significant repercussions for their immigration case.
In addition to the above, a judge—if they accept the admission of sufficient facts—will set forth terms and conditions that the defendant must comply with in order to avoid a formal finding of guilt. The terms may be very similar to the terms of probation. For example, a defendant may need to attend rehabilitation or other education classes, participate in community service, and pay any court fines and fees. If the defendant complies with the judge’s terms and conditions, then no criminal conviction will ever appear on the individual’s permanent criminal record and the case will be dismissed. Note that while a conviction will not appear on the defendant’s record, the arraignment hearing will appear on the record.
How to Learn More About an Admission to Sufficient Facts
If you have been charged with a crime, the first thing that you should do is call an attorney. The sooner you call an attorney, the earlier you can acquire the information you need to make an informed decision about your case strategy. Depending on the details of your case, entering a plea of an admission to sufficient facts may be appropriate. To learn more, contact The Law Office of Paul R. Moraski at (978) 397-0011 or online today. Our criminal defense attorney is here to advocate for you.