Used in criminal trials, a no contest plea is when the defendant pleads neither guilty or innocent of a charge. This generally has the same impact of a guilty plea and is often times used as part of a plea bargain. A no contest plea will carry the same penalties as a guilty plea and may be considered an aggravating factor if charged with subsequent criminal actions. A no contest plea may be used when a defendant is innocent but the evidence points to the defendant’s guilt and a trial may not be of best interest to the defendant. Generally, the courts will be more lenient than a jury will and the charges will be expedited.
Difference Between Not Guilty and No Contest
In general, the objective of a no contest plea is to avoid a civil lawsuit because of confessing to a crime. Pleading guilty is an admission of charges in which you have no defense and the court can pursue a punishment for the following pleas:
- Guilty plea – must be entered voluntarily and the court must have reason to believe you are being truthful. The prosecutor will explain any evidence against you had a not guilty plea been submitted.
- No contest – there is no admission of guilt; however, the court will determine the appropriate punishment. The judge will attempt to ensure that the defendant understands the use of a no contest plea. The defendant will have the opportunity to understand the reason behind the no contest plea.
Some states have restrictions on no contest pleas and it is prohibited in some jurisdictions.
The Court’s Perspective of No Contest Plea
When pleading no contest, which can be done only with the court’s permission, the court considers the defendant just as guilty as if a guilty plea was entered. If the defendant refuses to enter a plea, the court will enter a guilty plea by default and the defendant will go to trial.
From the court’s viewpoint, a no contest plea will have the same consequences as a guilty charge. The defendant must accept the punishment as if a guilty plea were entered. The judge will speak with the defendant in order to ascertain whether the defendant understands the plea and the possible results associated with the plea. As with most criminal charges, punishment can range from fines, community service, and restitution to imprisonment.
Get Legal Advice
If you are facing criminal charges and are considering pleading no contest, it is important that you discuss your case with a criminal attorney. An attorney experienced with criminal charges will have the expertise relative to the processes involved with pleading your case. An experienced criminal attorney will be able to advise you regarding the consequences associated with entering a no contest plea and help you to reach a decision regarding your individual circumstances.
