What is a no contest plea?

What is a No Contest Plea?

If you are facing criminal charges, you may be presented with the option to enter a “no contest” plea. This type of plea is also sometimes called a “nolo contendere” plea. It is an alternative to pleading guilty or not guilty.

But what exactly does no contest mean and how does it differ from the other plea options? This article provides an overview of no contest pleas and how they work in criminal cases.

Definition of No Contest

A no contest plea means that you do not dispute the charges against you and accept punishment without admitting guilt. Key aspects include:

• You accept the conviction but do not plead guilty
• Unlike guilty pleas, no contest pleas cannot be used against you in related civil lawsuits
• The judge can impose the same sentence as with a guilty plea
• No contest pleas result in a criminal conviction on your record

In essence, no contest means you acknowledge the prosecution likely has enough evidence to convict, even if you are not outright admitting guilt.

When Are No Contest Pleas Used?

No contest pleas are often used when:

• You want to take advantage of a plea offer but avoid directly admitting guilt
• You are worried about the civil liability implications of pleading guilty
• You do not recall the events in question due to intoxication or other reasons
• You believe you have a chance of being acquitted at trial but the risk is too high

Talk to your criminal defense lawyer about whether a no contest plea makes sense for your specific charges and situation.

Advantages of Pleading No Contest

Potential advantages of pleading no contest rather than guilty include:

• Avoids direct admission of guilt that opens you up to civil lawsuits
• May be more appropriate if you do not recall the alleged crime
• Keeps options open if new evidence later emerges
• May be better for reputation than pleading guilty

In many cases, a no contest plea allows almost all the same benefits as a guilty plea while limiting potential downsides.

Disadvantages of No Contest Pleas

Disadvantages or risks of pleading no contest compared to guilty include:

• Judge may not view it as favorably as accepting responsibility
• District attorney may refuse to offer no contest plea deals
• Some courts do not even allow no contest pleas
• May not get sentencing recommendations from prosecutor

Talk to your lawyer about whether prosecutors and judges in your jurisdiction accept and encourage no contest pleas.

Is a No Contest Plea the Same as Guilty?

While similar, no contest and guilty pleas have some key differences:

• Guilty plea admits committing the crime
• No contest plea simply acknowledges the likely success of the charges
• Guilty pleas have preclusive effect in civil lawsuits; no contest pleas do not
• Judges sometimes view guilty pleas as more favorable

However, both guilty and no contest pleas generally result in a conviction and allow the court to impose sentencing.

Does No Contest Show Up on Your Criminal Record?

Yes, a no contest plea will still show up on your criminal record just like a guilty plea. Key points:

• No contest pleas result in a criminal conviction
• The conviction will be part of your permanent criminal record
• It can still affect employment background checks, housing applications, etc.
• The record will not specify guilty vs. no contest plea

So while a no contest plea avoids admitting guilt, it still creates a criminal conviction.

Can Prosecutors Reject No Contest Pleas?

Yes, prosecutors have discretion whether to accept no contest pleas. Reasons they may reject them include:

• They want an admission of guilt from the defendant
• The want to use the conviction in future criminal or civil cases
• They believe the plea underrepresents the severity of the crime
• They want to discourage other defendants from seeking no contest pleas

Talk to your criminal defense lawyer about the likelihood of getting a no contest deal based on the prosecutor.

Should You Plead No Contest?

Whether to plead no contest depends on factors like:

• Your guilt or innocence regarding the charges
• The prosecutor’s openness to no contest pleas
• Your concerns over civil liability
• How the plea is viewed in your jurisdiction

Discuss the pros and cons in depth with your criminal defense attorney before deciding.

No Contest in Federal Court

In federal court, no contest pleas are only allowed for minor offenses. Rules include:

• Federal judges have discretion whether to accept them
• They are only allowed for infractions or Class B & C misdemeanors
• Felonies require a guilty or not guilty plea

So federal prosecutors are less likely to offer no contest plea deals for serious charges.

Should You Ever Plead No Contest?

Opinions vary on whether no contest pleas should be accepted. Potential pros and cons include:

• Pros: Protects against civil lawsuits, may allow plea deals, keeps options open
• Cons: Still a conviction, risks no plea deal, some judges dislike it

Weigh these carefully when deciding, as every case is unique.

Getting Legal Advice

Fully discuss your case with an experienced criminal defense attorney before choosing your plea. Key discussion points include:

• Likelihood of getting a no contest deal
• How no contest is viewed by prosecutors and judges
• Potential civil lawsuit risks
• Consequences of having a conviction on your record

In many cases, a no contest plea is a reasonable option, but get legal advice tailored to your specific situation.

References

[1] https://www.lawyers.com/legal-info/criminal/criminal-law-basics/no-contest-pleas-what-you-need-to-know.html

[2] https://www.nolo.com/legal-encyclopedia/what-s-difference-between-guilty-plea-no-contest-plea.html

[3] https://www.justia.com/criminal/plea-bargains/no-contest-pleas/

[4] https://www.law.cornell.edu/wex/nolo_contendere

[5] https://www.shouselaw.com/ca/defense/penal-code/1016/

[6] https://www.criminaldefenselawyer.com/resources/criminal-defense/felony-offense/can-i-plead-no-contest