Is Pleading 'No Contest' Different From 'Guilty'?
Pleading "no contest" to a criminal charge means you do not admit fault. Neither are you trying to fight for your innocence in a criminal trial. You are not saying you are guilty, but you are also not saying you are not guilty.
Put simply, it is a "neutral" option that neither accepts nor denies the charges against you. However, in regard to consequences, "no contest" is similar to pleading guilty. You can still face punishment and most likely will. But legally speaking, you're conceding the charge without an admission of guilt and without presenting a defense in a criminal case.
In comparison, pleading "guilty" means you accept the charges and the punishment that the courts determine for you. Pleading not guilty means you do not accept the charges and wish to show they are not provable beyond a reasonable doubt in a bench or jury trial.
Laws in almost every state allow for pleas of no contest, or nolo contendere in Latin, for certain types of cases. But unlike a plea of guilty or not guilty, a defendant must get a court's consent to plead no contest to a criminal offense, which comes with certain legal consequences.
Below are three things every defendant should understand when pleading no contest.
Court Discretion
In general, no contest pleas are not allowed in death penalty cases. In other cases, a judge has discretion in deciding whether to accept a no contest plea. For example, if the facts plainly show a defendant is innocent, a judge will not allow a plea of no contest.
A judge must also make sure a defendant is knowingly and voluntarily pleading no contest and that they understand what no contest means. This means the criminal defendant's plea can't be influenced by threats or promises, and they must fully understand the charges and legal consequences of pleading no contest. These include giving up the constitutional right to have a trial in front of a jury of their peers.
Legal Advantages
Why would anyone ever plead no contest? By pleading no contest as a part of a plea bargain, a defendant can avoid going to trial on a criminal charge. This can be advantageous if a trial's outcome is uncertain or if a defendant doesn't want facts in the case to be aired out in public in a criminal proceeding.
This can also be done by pleading guilty. However, a no contest plea cannot be used as evidence against a defendant in a civil lawsuit for the same act. So if a defendant pleads no contest to a criminal assault, that plea can't be used to prove them liable in a civil lawsuit for personal injury by the victim later on. Of course, it's important to remember that laws vary by jurisdiction and the legal standard of proof in a civil case is different than that required in a criminal court case. That means it's important to discuss any potential advantages (or lack thereof) with your lawyer before pleading.
Legal Disadvantages
Entering a nolo contendere plea doesn't mean a defendant is totally off the hook. Legally speaking, a no contest plea has the same effect as a guilty plea on a conviction when it comes to sentencing. Just because you're pleading no contest and avoiding the hassle of a trial, don't necessarily expect the judge to be lenient. At the sentencing phase of the case, the judge will consider the defendant’s prior criminal record, the criminal charge including any reduced charges, and any other conditions requested as a part of the plea deal.
Before you decide whether to enter a no contest plea you should speak to an experienced local criminal defense attorney for legal advice to understand your legal rights, the types of pleas available in your case, the rights you are giving up by deciding to enter a no contest plea, and any possible sentencing issues.
Related Resources:
- 'No Contest' and Job Applications: What to Do? (FindLaw’s Law and Daily Life)
- Criminal Sentencing (FindLaw’s Learn About the Law)
- Why Do Guilty People Plead Not Guilty? (FindLaw's Law and Daily Life)
