What Does Pleaded No Contest Mean? | Legal Advices

No Contest vs. Guilty Plea

A no contest plea is similar to a guilty plea in some ways but also has important differences:

Similarities

• Both pleas result in a conviction and punishment as if the defendant was found guilty at trial.

Differences

• A guilty plea involves admitting guilt for the crime. A no contest plea does not require an admission of guilt.
• A guilty plea can be used as evidence of liability in related civil cases. A no contest plea generally cannot (with some exceptions).

Why Plead No Contest?

There are several strategic reasons a defendant may plead no contest rather than go to trial or plead guilty:

• The prosecution has a very strong case and conviction is highly likely. Pleading can avoid the time and expense of a trial that will almost certainly end in a guilty verdict.
• The defendant wants to avoid making admissions that could be used against them in related civil litigation. For example, if the victim of the crime sues the defendant for damages in civil court.
• Pleading no contest allows the defendant to avoid consequences beyond the criminal conviction, such as:
  • Loss of a professional license or credential
  • Deportation for non-citizen defendants
  • Other collateral impacts of formally admitting guilt

So while no contest pleas result in criminal conviction and punishment, they can provide strategic advantages over a guilty plea in some cases.

Limitations of a No Contest Plea

While no contest pleas can be beneficial in some cases, there are limitations to be aware of:

• Not a universal option: Some jurisdictions do not allow no contest pleas or restrict when they can be used. Prosecutors or judges may reject no contest pleas in favor of guilty pleas in some cases.
• Civil liability still possible: Pleading no contest means the plea cannot be used as evidence in related civil cases. But it does not provide complete protection against civil liability. The victim can still potentially sue and use other evidence to prove liability in civil court.
• Lack of remorse considered: While legally not an admission of guilt, pleading no contest may be viewed by the judge as a lack of remorse and responsibility. This could potentially impact sentencing.

When a No Contest Plea is Unavailable?

Key situations where a no contest plea may not be an option:

• The prosecutor insists on a guilty plea as a condition of a plea bargain.
• The judge rejects the no contest plea and demands a guilty or not guilty plea instead.

Additional Information

Requirements for No Contest Pleas

To plead no contest, the defendant must:

• Make the plea voluntarily, knowingly, and with a full understanding of the consequences.
• Admit facts of the case that are sufficient for a finding of guilt if proven at trial.

So technically the defendant does not admit guilt but does acknowledge the prosecution could likely prove the case.

Timing of No Contest Pleas

No contest pleas are typically made at arraignment or another pre-trial hearing. They avoid the need to go through a full trial.

No Contest Pleas and Civil Cases

Whether a no contest plea can be used as evidence in a civil case depends on state law. Some states prohibit it, while others allow civil courts to consider no contest pleas. Defendants should research their specific state laws.

In civil cases, a no contest plea means the criminal conviction cannot be the sole basis for liability. But it does not prevent civil liability completely. Other evidence can still be used to prove liability and damages.

How No Contest Pleas Affect Civil Cases

While state laws vary, in general a no contest plea:

• Prevents the plea itself from being used as evidence of liability in civil court.
• Allows the victim to still file a civil lawsuit against the defendant for damages related to the criminal act.
• Allows the victim to use other evidence to prove liability and damages in the civil case. For example, witness testimony, physical evidence, expert analysis, etc.

So the no contest plea provides some protections in related civil litigation but does not guarantee the defendant avoids civil liability.

Comparison of Guilty and No Contest Pleas

Factor	Guilty Plea	No Contest Plea
Admission of Guilt	Yes	No
Criminal Conviction	Yes	Yes
Punishment	Yes	Yes
Used as Evidence in Civil Case	Yes	No (in most states)
Avoids Civil Liability	No	No (but provides some protection)

Common Misconceptions

Some common misconceptions about no contest pleas:

• That it is essentially the same as pleading not guilty (it isn’t)
• That there will be no conviction or punishment (you will be convicted and sentenced)
• That it provides a complete shield against civil lawsuits (it helps but other evidence can still be used)

Defendants should make sure they fully understand the implications before pleading no contest.

Considering Your Options

If offered a no contest plea bargain by the prosecution, the defendant should carefully weigh their options:

• Consult your lawyer to negotiate the best possible no contest plea agreement. Take into account prospects at trial, likely sentence, and civil case impacts.
• Consider negotiating a guilty plea bargain if it would result in a lighter sentence or dropped charges.
• Assess the strength of the prosecution’s case and your chances of acquittal at trial. Going to trial may be preferable if their case is weak or flawed.

The best option depends on the specifics of each case. A criminal defense lawyer can advise which plea or trial strategy is in your best interests.

Additional Considerations

Beyond the criminal case itself, pleading no contest can impact:

• Immigration status: For non-citizens, no contest pleas may still have negative immigration consequences.
• Gun ownership rights: No contest pleas can result in prohibitions on owning firearms.
• Professional licenses: Pleading no contest may require disclosing the conviction to occupational licensing boards and can risk suspension or revocation of a professional license.

Carefully weigh these potential collateral consequences when deciding how to plead.

Psychological Impact

Pleading no contest when innocent of the charges can take a psychological toll on a defendant. The conviction remains on their record despite no admission of guilt. Maintaining innocence while essentially accepting punishment as if guilty creates moral and ethical dilemmas. Support groups and counseling can help defendants cope with these issues.

Ethical Considerations

Some legal scholars argue no contest pleas are unethical because they allow defendants to avoid admissions of guilt for crimes they committed. However, most courts allow no contest pleas because forcing defendants to admit guilt could violate the constitutional right against self-incrimination. The ethics remain debated.

Conclusion

Pleading no contest allows a defendant to accept criminal punishment without making an admission of guilt. This can provide strategic advantages compared to pleading guilty, in terms of avoiding consequences beyond the criminal case itself. However, no contest pleas also carry limitations and risks that defendants should carefully weigh. Consulting an experienced criminal defense attorney is essential to fully understand the implications before entering a no contest plea. The best option depends on the unique circumstances of each case. With a proper understanding of what a no contest plea means, defendants can make an informed decision when weighing how to respond to criminal charges.