Nolo contendere is a legal term that comes from the Latin phrase for "I do not wish to contend". It is also referred to as a plea of no contest.

Why you should plead no contest?

The purpose of entering a no contest plea is often to avoid being sued civilly for essentially confessing to a crime, which is the basis of a guilty plea. ... Pleading no contest or nolo contendere means you admit no guilt for the crime, but the court can determine the punishment.

What does it mean to say no contest?

A plea is a person's formal response to a criminal or traffic charge. ... If you enter a no-contest plea, it means that, while you do not admit your guilt, you do admit the truth of the facts alleged in the indictment, information or complaint (the so-called “charging” documents that start a criminal or traffic case).

Is no contest a guilty plea?

A no contest plea is similar to a guilty plea. When defendants plead no contest, they are technically admitting that they are guilty of the crime being charged.

Is pleading no contest bad?

While pleading no contest to a misdemeanor is not an admission of guilt, the defendant is still subject to the same penalties as if they pled guilty. This means that even though a defendant has not admitted or denied the crime, the court can still sentence him as harshly as if he admitted the crime.

The Difference Between a No Contest and Guilty Plea

30 related questions found

Can you appeal a no contest plea?

It allows the defendant to appeal a certain issue in the case to a higher court, which will determine whether the lower court made a mistake. The defendant will be able to withdraw the guilty or no contest plea if the appeals court agrees that the trial judge was wrong.

What does no contest mean in California?

Pleading no contest (sometimes called nolo contendere) in a California criminal proceeding means that the defendant agrees to accept a conviction for the crime(s). However, he or she does not admit to being factually guilty when entering the plea.

What are the 5 types of pleas?

Types of Pleas in a Criminal Case

• Not Guilty Plea. When you enter a plea of “not guilty,” you are certifying to the court that you did not commit the crime in question. ...
• Guilty Plea. ...
• No Contest (Nolo Contendere) Plea. ...
• Consult a Lawyer About Any Plea.

What is the difference between no contest and not guilty?

NOT GUILTY: means you formally deny committing the crime of which you are accused. If you plea Not Guilty, your case will proceed towards a trial where the State must prove you guilty of the crime. ... NO-CONTEST: means you do not admit to committing the crime nor do you deny committing the crime.

What does no contest mean in a court of law?

When you plead guilty in some criminal cases, it is automatically used against you in a civil case. ... However, pleading no contest, while it has the same effect as a guilty plea, means that there is no admission of guilt. This means that there is nothing to use against you in a civil case.

What is the difference between Alford plea and no contest?

The Alford plea is the guilty acceptance of a crime for a person that claims innocence in the activity. It is similar to the no contest in the acceptance of guilt, but the no contest is for a person that will accept punishment even if he or she does not admit guilt. Both have use to conclude the case in a conviction.

What does no contest mean in football?

No contest (abbreviated "NC") is a technical term used in some combat sports to describe a fight that ends for reasons outside the fighters' hands, without a winner or loser.

Why do people plead guilty?

Pleading guilty typically results in a more lenient punishment for the defendant; it is thus a type of mitigating factor in sentencing. In a plea bargain a defendant makes a deal with the prosecution or court to plead guilty in exchange for a more lenient punishment, or for related charges against them to be dropped.

What happens after a no contest plea?

California statutes provide for a plea of no contest in a criminal case. In all cases, the judge in a criminal case who accepts a no contest plea will treat the defendant as a guilty person and impose sentence just as if the defendant had entered a guilty plea.

Is pleading guilty a conviction?

Pleading guilty to an offence means that you accept you have committed that offence. Once you plead guilty you are convicted of the offence. ... This means that your case will then go to trial where the prosecution will seek to a prove that you are guilty.

What does a plea of no contest mean in Texas?

A plea of no contest means that you do not contest the State's charge against you. A plea of no contest may not be used against you in a subsequent civil suit for damages.

What does I plead the fifth mean?

The Fifth Amendment to the U.S. Constitution guarantees that an individual cannot be compelled by the government to provide incriminating information about herself – the so-called “right to remain silent.” When an individual “takes the Fifth,” she invokes that right and refuses to answer questions or provide ...

Why does pleading guilty reduce your sentence?

In order to encourage defendants to plead guilty, they will be given reduced sentences in exchange for doing so. When defendants take plea bargains instead of going to court, it saves the court and district attorneys a lot of effort and uncertainty.

What happens at a contest mention?

Contest mention

come to an agreement on whether the accused person is guilty or not guilty. If this happens the case will not need to go to a contested hearing. ... make decisions about what needs to happen at the contested hearing, including what witnesses will need to give evidence.

Why you should always plead not guilty?

It's a good idea to always plead not guilty at arraignment because it simply provides you and your lawyer time to review the facts, the evidence and begin working to discredit the charges against you. If you plead guilty, you're admitting to the crime. It's not a question of whether you committed the crime.

What does a denied plea mean?

If the plea withdrawal is denied, you will be sentenced or continue serving your sentence. Any plea bargains you had with the prosecution will be voided when you file a motion to withdraw a guilty plea.

Can you plead no contest in Canada?

Commonwealth. In the Commonwealth countries—such as England and Wales, Canada, and Australia—the plea of nolo contendere is not permitted. The defendant must enter a plea of "guilty" or "not guilty". If a defendant refuses to enter a plea, the court will record a plea of "not guilty".

What is an Alford?

An Alford plea (also called a Kennedy plea in West Virginia, an Alford guilty plea and the Alford doctrine), in United States law, is a guilty plea in criminal court, whereby a defendant in a criminal case does not admit to the criminal act and asserts innocence.

Can a lawyer get you out of jail?

Do You Need an Attorney to Get Out of Jail? No, an attorney is not needed to post bail or to get a defendant out of jail. ... The advantage of retaining an attorney at the time of arrest is that the attorney may be able to get the bail reduced or get charges reduced (resulting in lower bail).

Do plea deals get better?

As a former prosecutor, the general rule is that plea offers get worse as the case progresses. When you rejected an offer, the next one was going to add on a little more time.