When a person is charged with a crime, they are given the opportunity to respond to the charges by making a plea. The most commonly known pleas are “guilty” and “not guilty”, but there’s another plea available that isn’t as widely understood, known as a “no contest” plea. What does it mean to plead no contest?
No Contest Plea Explained
A no contest plea, also known as “nolo contendere”, is a legal term that comes from Latin and means “I do not wish to contend”. When a defendant pleads no contest, they are not admitting guilt, but they are admitting the truth of the facts alleged in the indictment, information, or complaint (the charging documents). By entering a no contest plea, the defendant concedes the case to the prosecution without providing a defense.
Implication of a No Contest Plea
Pleading no contest has similar legal implications to pleading guilty. From a legal perspective, it means that the defendant accepts all the charges presented in the accusation, and the court can then decide the proper sentencing. However, a no contest plea doesn’t mean that the convicted person is ‘legally’ seen as guilty. They have simply not contested the evidence or facts of the case.
When to Use a No Contest Plea
The advantage of a no contest plea is often used when there may be also related civil proceedings for any potential victims. This is because a no contest plea cannot be used as an admission of guilt in a civil lawsuit. For example, if a person pleads no contest to a charge of battery, the victim cannot use that plea as evidence in a civil suit for damages.
The Impact on Sentencing
As far as sentencing goes, the court treats a no contest plea the same as a guilty plea. This means that the person can face the maximum penalty for the charges. However, in some cases, defendants might choose a no contest plea in hope that the judge might be more lenient when it comes to sentencing.
Conclusion
Like any other legal decision, deciding whether to plead no contest should not be taken lightly. It is highly recommended that anyone considering this type of plea should consult with an experienced criminal defense attorney. Understanding the potential benefits and consequences can be crucial to making the most informed decision for your specific circumstance. It’s important to note the rules and effects related to no contest pleas can also vary significantly from one jurisdiction to another.