A "no contest" plea, also known as "nolo contendere," is a legal term used in criminal cases. When a defendant enters a no contest plea, they are essentially stating that they do not contest the charges against them. However, a no contest plea has some specific implications and nuances:
No Admission of Guilt: By entering a no contest plea, the defendant does not admit guilt. This means they are neither admitting nor denying the charges.
Legal Consequences: A no contest plea results in a conviction just like a guilty plea. The court will impose a sentence based on that plea. Essentially, the plea has the same effect as a guilty plea in terms of how the court handles the case.
Use in Civil Law: One of the main reasons a defendant might choose a no contest plea is to avoid potential civil liability. For example, if a defendant is accused of a crime that might also lead to a civil lawsuit (like a car accident), pleading no contest may prevent the prosecution from using the plea as an admission of liability in a subsequent civil case.
Judicial Discretion: A judge must accept the no contest plea. If the judge deems the plea is not made voluntarily or that it lacks a factual basis, they might refuse to accept it.
Sentencing: The consequence of a no contest plea can vary based on the specifics of the case, including the severity of the charge and the defendant’s prior criminal history. Sentences can range from fines and probation to jail time.
- Record: A conviction based on a no contest plea will still appear on the defendant’s criminal record. This may affect future legal situations, including employment opportunities, just as a guilty plea would.
In summary, while a no contest plea results in a conviction and carries similar consequences to a guilty plea, it does not equate to an admission of guilt. Defendants may choose this option for various strategic reasons, such as protecting themselves from civil liability.