Legal Definitions - plea in bar

A plea in bar is a legal defense that seeks to completely and permanently defeat the plaintiff's or prosecutor's action. There are two types of plea in bar:

A general plea in bar is a criminal defendant's plea of not guilty, which denies every fact and circumstance necessary to be convicted of the crime charged.

Example: A defendant charged with murder enters a plea of not guilty, denying all allegations made against them.

A special plea in bar is a plea that sets up some extrinsic fact showing why a criminal defendant cannot be tried for the offense charged. This type of plea does not address the merits and denies the facts alleged.

Examples:

• Autrefois Acquit: A plea that asserts that the defendant has already been acquitted of the same offense in a previous trial.
• Pardon: A plea that asserts that the defendant has been pardoned for the offense charged.

These examples illustrate how a special plea in bar can be used to prevent a defendant from being tried for a crime, even if they are technically guilty of the offense charged.