Nolo Contendere Plea

Criminal cases can end in many ways, whether by a verdict from a jury, a plea, or an acquittal. There are many types of pleas, including a nolo contendere plea. Keep reading to learn more about what happens when someone enters a plea of nolo contendere and its effect on a criminal case.

What is a Nolo Contendere Plea?

Nolo contendere means “no contest” and is a Latin phrase that translates to “I do not wish to contend.” In court, you will often hear lawyers and judges refer to a nolo contendere plea as a “no contest plea” or a “nolo plea” for short. If you choose to enter a plea of nolo contendere, judges or lawyers may also say you “pled nolo.”

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When a criminal defendant enters a plea of nolo contendere, they do not accept or deny responsibility for the incident, but they do accept the punishment.

What is the Difference Between a Guilty Plea and a Plea of Nolo Contendere?

A plea of nolo contendere differs from a guilty plea because when a criminal defendant enters a nolo plea, they are not admitting guilt. Further, a nolo plea cannot be used against the defendant in a different case, while a guilty plea can.

What are the Benefits of a Nolo Contendere Plea?

There are many benefits of a no contest plea. By making a no contest plea, a criminal defendant accepts the punishment that would come with a “guilty” verdict without going to trial and admitting guilt. This means the defendant can avoid a lengthy and potentially unsuccessful trial. Importantly, the defendant can avoid a guilty plea which can be used against them in another civil or criminal case.

For example, let’s say you pled guilty to driving under the influence of alcohol in criminal court. While driving under the influence, you hit someone with your car, which resulted in the person being injured. Later, the victim wants to sue you in civil court to cover the cost of their hospital bills from their injuries. Your guilty plea in criminal court for the DUI can be used against you in the civil lawsuit to cover the hospital bills. Because you already admitted your guilt, the civil suit is more likely to result in you having to pay for the hospital bills. Had you pled nolo, the victim would not be able to mention your nolo plea for the DUI in the civil lawsuit.

Another benefit of a nolo plea is that, because the defendant is not admitting guilt, the plea will not disqualify the defendant from voting, serving on a jury, or running for a public office.

Also, if a defendant is on probation and pleas nolo in a different case, the nolo plea cannot be used as the basis for a probation violation. So, a nolo plea will not impact the defendant’s probation.

What Rights Do I Have When I Enter a Nolo Contendere Plea?

It is important to note that even if the defendant is eligible to enter a nolo plea, the judge can choose not to accept the plea. That is because a nolo plea is a privilege and not a right–criminal defendants are not entitled to a nolo plea. However, a judge cannot have a “blanket policy” where they deny every nolo plea that comes before them. The judge must genuinely consider the nolo plea before choosing to accept or deny it.

Although criminal defendants do not have a right to a nolo plea, specific requirements must be met when a defendant enters a nolo plea. The nolo contendere plea must be knowingly and voluntarily made after a lawyer gives the defendant proper advice, and the defendant must fully understand the consequences of the nolo plea. However, the judge is not required to tell a defendant about the consequences of entering a nolo plea–that is the lawyer’s job.

How Do I Know if I Can Enter a Nolo Contendere Plea?

In Georgia, a criminal defendant can enter a nolo plea in any misdemeanor or felony case, except in a capital felony case punishable by death.

In federal court, nolo pleas are allowed with the court’s permission. The court will consider the views of the State, the defendant, and the interest of the public when deciding to accept or reject a defendant’s nolo plea.

Can I Withdraw a Nolo Contendere Plea?

Criminal defendants can withdraw a nolo plea. However, the defendant must withdraw the plea after their sentence is announced and before the sentence is finalized in writing.

Have Questions? Give Me a Call.

Nolo pleas are very useful when used correctly. I have decades of experience working with my clients to reach the best possible resolution of their cases, and I will work with you to make sure a nolo plea is the right fit for your case. If you need a criminal defense attorney or have legal questions, give me a call today!

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