When someone is charged with a crime in Maryland, there are a few different ways to resolve the case. One option that often confuses people is called a Not Guilty Agreed Statement of Facts. This is not the same as a guilty plea or a trial. Instead, it’s a unique procedure used in Maryland courts to streamline a case while preserving certain rights for the defendant.
If you’ve heard this term in court or from your lawyer, here’s what you need to know.
What Is a Not Guilty Agreed Statement of Facts?
In a Not Guilty Agreed Statement of Facts, the defendant pleads “not guilty”, but both the prosecutor and defense attorney agree to a written or oral summary of the facts of the case.
The judge then reviews those facts and decides whether they are legally sufficient to prove guilt.
- If the agreed facts establish all elements of the crime, the judge may find the defendant guilty.
- If the facts are missing elements, the defendant must be acquitted.
It’s essentially a shortcut to a verdict without calling witnesses, presenting exhibits, or holding a full trial.
Why Choose This Option?
Defendants often agree to this process for several reasons:
- Preserving Appeal Rights: If the judge denied a motion (such as a motion to suppress evidence), a defendant can use a Not Guilty Agreed Statement of Facts to maintain the ability to appeal that ruling. Pleading guilty would usually waive the right to challenge it.
- Efficiency: It avoids a long trial when the outcome is largely predictable.
- Negotiated Resolutions: Prosecutors and defense attorneys may use it as part of a plea bargain, especially in District Court, to resolve charges more quickly.
- Avoiding a Guilty Plea: Some defendants prefer not to enter a guilty plea because of immigration consequences, professional licensing issues, or personal reasons.
How It Differs From a Guilty Plea
It’s important to understand the distinction:
- Guilty Plea: The defendant admits guilt and usually gives up most rights to appeal.
- Not Guilty Agreed Statement of Facts: The defendant does not admit guilt—the judge makes the decision based on the agreed facts.
This difference can have major consequences in future proceedings, including immigration cases, security clearances, or professional background checks.
Where It’s Used in Southern Maryland
Courts in Prince George’s County, Charles County, Calvert County, and St. Mary’s County regularly handle Not Guilty Agreed Statement of Facts in criminal cases. It’s most common in District Court, but it can also be used in Circuit Court when both sides agree.
Because it can significantly affect appeal rights, immigration status, and future opportunities, defendants should always consult a criminal defense lawyer before agreeing to this type of proceeding.
Talk to a Southern Maryland Criminal Defense Lawyer
If you or a loved one are facing criminal charges, you may be wondering whether a Not Guilty Agreed Statement of Facts is the right choice for your case. These decisions can have long-lasting consequences, and it’s critical to have a knowledgeable attorney guide you.
At Southern Maryland Criminal Defense, we represent clients in Prince George’s, Charles, Calvert, and St. Mary’s Counties in all types of criminal cases. We’ll explain every option, fight for your rights, and help you make the best decision for your future.
📞 Contact us today to schedule a consultation and protect your rights.
