What is a No Contest Plea? How is It Different From a Guilty Plea?

In most cases that are resolved by plea bargain, a defendant will enter a plea of “no contest” (short for nolo contendere) to some type of charge that may have been vigorously negotiated.  The plea resolves the case without trial and without admitting guilt.  It is a way that a defendant can still assert he or she is not guilty and not confess to the crime.

In a Nutshell: A “no contest” or nolo contendere plea is distinguishable from a “guilty” plea on several grounds, depending upon whether the case is a felony or a misdemeanor and whether there are pending parallel civil proceedings, immigration or professional licensing proceedings.

In other words, the no contest plea, as described nearly seven hundred years ago, allows defendant to maintain his defense in another action for the same conduct.  This has been interpreted under California law to mean that a no contest plea cannot be used as an admission in a civil action arising over the same conduct.  Penal Code § 1016(3).An example of this may be in a criminal action for misdemeanor hit and run, defendant may enter a no contest plea to resolve the case, avoid trial and take advantage of a favorable plea bargain.  The plaintiff in a parallel civil action for negligence and personal injuries, arising out of the car accident that was the hit and run, cannot use defendant’s no contest plea as an admission of fault to establish negligence. Another example is in a misdemeanor sex offense case, wherein there is a parallel civil action for battery and emotional distress.  Defendant in the criminal case would want to plead no contest to bar such a plea from being used as an admission of fault in the civil action.However, it should be understood that a no contest plea to a felony offense is admissible as an admission in a civil case growing out of the act on which the criminal prosecution is built.  Penal Code § 1016(3).

In contrast, a guilty plea to either a felony or a misdemeanor may be used as an admission in a civil case. Teitelbaum Furs, Inc v. Dominion Ins. Co. (1962) 58 Cal.2d 601, 25 Cal Rptr. 559.  This does not violate fundamentals of double jeopardy because a civil action is not a prosecution.

In our experience, when one enters a no contest plea and restitution may be involved, the judge and prosecutor will be eager to have the defendant admit to causation of any injuries or damage that was involved.  A good defense attorney must be sensitive to this and, when asked by the judge if counsel agrees there is a factual basis for the plea, to answer “subject to People v West.” People v. West (1970) 3 Cal.3d 595, 611, 91 Cal.Rptr. 385.  This will mean that in any restitution hearing, the alleged victim or victims seeking restitution will remain obligated to prove causation of their damages by the conduct that defendant was accused of.

It is pretty well-known, or can be easily determined with a quick online search or an afternoon spent at the movies, that when a person is charged with a crime, at some point they enter a plea to the charges. There are a few choices when you enter a plea, and you need to understand the different types of pleas in order to make the right choice for you. You can enter a Guilty Plea, a Not Guilty plea, or a Plea of No Contest. Entering a Guilty Plea is pretty self-explanatory; it means that the defendant is agreeing they committed the act with which they are charged. But, the difference between a Not Guilty Plea and a Plea of No Contest is not quite as clear.

Here are the key differences in pleading Not Guilty versus pleading No Contest to a charge in Florida:

1. When you enter a Not Guilty Plea you are formally denying the charges, with no wiggle room for an admission or for speculation as to what type of plea you are entering.
2. When you enter a Plea of No Contest, you are neither denying nor admitting the charges. Instead, a No Contest Plea is a statement that you do not contest the charges against you. You are not admitting guilt, but you are admitting the basic facts.

The legal consequences of each type of plea is reason enough to understand the difference, so you can enter a plea that won’t end up hurting you in the long run.
A No Contest Plea is frequently used when a defendant wants to avoid having to go to trial, and also does not want the plea used against them later, if the case becomes difficult to defend. Also, a Guilty Plea can be used against a person in a civil lawsuit. So, a No Contest Plea will be best for a defendant who is resolving a case that could lead to a lawsuit, such as battery. A Not Guilty Plea will not ultimately lead to a trial, so you have to be confident in your position if you decide to make this choice. During a trial, you will be required to present evidence that supports your position, and then allow either the Judge or jury to weigh the evidence and come to a conclusion. History buffs will remember that one of the most famous Not Guilty Pleas entered in the history of criminal law is the one entered by O.J. Simpson, when he was charged with murder. In that case, the entry of a Not Guilty Plea resulted in a historically long trial, with an ultimate jury verdict of Not Guilty as well.

If you are not sure what type of plea makes sense for you, call our office for help. It is our job to review the facts of your case and analyze them alongside the law, and then provide you with sound advice on how to proceed.

If you have questions about how to plea in a criminal case, call our office for answers. Call an experienced criminal defense attorney in Key West.

In the United States, there are three pleas the criminal defendant can make in the court of law, guilty, not guilty and no contest. Everyone understands that not guilty means the defendant is not admitting to committing the crime. However, many people get confused when it comes to the difference between no contest and guilty, as both pleas result in punishment for the defendant. In truth, there are several differences between the two that need to be understood. This will help you fully comprehend the legal consequences of the chosen plea.

In this article, we look at the difference between guilty and no contest pleas in more detail. With this understanding, you should then be able to decide whether it is better to plead guilty or no contest in your case for the best outcome.

What Does it Mean to Plead Guilty?

In the American legal system, pleading guilty means the defendant is admitting they committed the criminal offense they are in court for. They take full responsibility for the offense and accept the associated punishments. For a guilty plea to be official and be in the court record, anyone pleading guilty must do so under oath. The judge will then ask a series of other questions to ensure that the defendant is aware of the ramifications of their plea and how pleading guilty will remove some of their constitutional rights.

After the defendant has pleaded guilty, the case is resolved and thus closed without needing to go to trial. Sentencing may be given to the defendant at this time, or the meeting may be adjourned and a separate sentencing hearing scheduled. Interestingly, it is common for innocent people to plead guilty in court to enter a plea bargain. If the outcome of a trial is not looking promising, pleading guilty could result in a lesser punishment than if the defendant was proven to be guilty in a trial.

What Does it Mean to Plead No Contest?

When a defendant pleads no contest, also known as nolo contendere, they are accepting the punishment for the crime without admitting guilt. In other words, they are not saying they committed the crime. This plea also needs to be made under oath. The judge will ask several questions to check if the defendant fully understands the consequences of their plea. After the defendant has made their plea, the case will be closed and the judge will decide on an appropriate punishment for the defendant based on the nature of the offense that has been committed.

No Contest vs. Guilty Plea

Now that we know a little more about no contest and guilty pleas, we can start to compare the two. We will start with the similarities, as these are a little easier to understand. When a defendant pleads either guilty or no contest, the case is closed without going through the lengthy process of going to trial. The accused will also receive punishment for the offense as part of the legal consequences, and the defendant will receive a conviction for the crime regardless of the plea they make.

However, despite these similarities, there are differences between the two:

·        Admission of Guilt: The main difference between no contest and guilty pleas lie in the admission of guilt. Whereas those that plead guilty take full responsibility for their actions, a defendant that enters a no-contest plea takes the punishment without admitting they are responsible for the offense.

·        Effect on Civil Charges: Many criminal cases lead to disputes between individuals or organizations which fall under the category of civil law, thus opening both criminal and civil lawsuits. When the defendant pleads guilty in a criminal case, this can be used as supporting evidence for any civil claims filed against them. On the other hand, as a no-contest plea does not admit guilt, it cannot be used as evidence in a civil case. Note that in most jurisdictions this only applies to misdemeanor cases. No contest pleas for a felony offense typically have the same effect as a guilty plea and can be used as evidence.

·        Restrictions by State: All states allow for a defendant to plead guilty with no restrictions. However, the judge can choose to not accept a no-contest plea, such as if the defendant is denying their guilt to the media. This is known as an Alford plea and is not permitted in the states of Indiana, Michigan, and New Jersey. Moreover, some states still use the death penalty. In general, a no-contest plea is not accepted in a death penalty case.

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Should I Plead Guilty or No Contest?

Is it better to plead guilty or no contest? Well, this largely depends on the specifics of the case. Where given the option to plead no contest, this is generally beneficial for misdemeanor cases. The defendant will still be sentenced for the crime and receive punishment. However, if the defendant pleaded no contest, this case cannot be used against them as evidence in civil cases. Instead, the plaintiff will have to prove the defendant’s involvement by providing other evidence. As such, this could reduce their overall sentencing by reducing the chance they will be charged for civil crimes.

On the other hand, guilty and no contest pleas for felony offenses are seen as equivalent and can be entered as evidence in civil proceedings. Therefore, it is generally better for the defendant to enter a guilty plea in criminal cases involving a felony offense so the defendant can enter a plea bargain. In a plea bargain, the prosecutor will offer lesser sentencing and reduced penalties for admitting guilt,  resulting in a lesser punishment for the defendant.

Conclusion

Pleading guilty and no contest both have immediate action. The criminal case will not go to trial, and the defendant will receive punishment for the crime. However, a no-contest plea does not admit guilt and thus has different repercussions in future lawsuits and civil cases. Which plea is best to take depends on the nature of the crime and whether a plea bargain is on the table. If you are thinking of making a plea of any kind, speak to a criminal defense attorney first to ensure you choose the route with the best possible outcome.