What Does it Mean to Plead “No Contest”?

Many people assume that pleading “no contest” is the same as pleading guilty in a criminal case. However, there are some key differences. Before you decide what plea to enter in your case, ensure you speak with an experienced criminal defense attorney first.

In a criminal case, a plea of “no contest” (Latin: nolo contendere, meaning “I don’t wish to contend”) means that the defendant does not admit guilt but accepts the punishment as if guilty. It essentially allows the defendant to neither admit to nor deny the charges against them. The court treats a plea of no contest similarly to a guilty plea for the purpose of sentencing.

The key difference between a guilty plea and a plea of no contest is that a plea of no contest cannot be used against the defendant in a civil case arising from the same set of circumstances. This means that the plea cannot be used as an admission of liability in a subsequent civil lawsuit.

People might choose to plead no contest for various reasons, including to avoid the publicity and admission of guilt that come with a guilty plea, to protect themselves in civil proceedings, or as part of a plea bargain agreement. However, it’s essential to understand that while a plea of no contest does not require the defendant to admit guilt, it does result in a conviction and typically carries the same legal consequences as a guilty plea.

What are the advantages of pleading no contest?Top of Form

There are a few pros to pleading no contest, including:

• Avoid a long and stressful trial. Trials are public and the media may be paying attention. The prosecution could bring up irrelevant and sensitive information. Plus, going to trial is expensive, taking a lot of time and money for which to prepare.
• Reduce your sentence. In some cases, pleas can involve reduced charges and a guarantee that the prosecution will request a more lenient sentence. In fact, a plea of no contest can often result in deferred adjudication probation which will lead to a dismissal and possible expungement.
• Avoid public admission of guilt. Although the court finds you guilty of the charge, you do not have to admit guilt with a no contest plea. This can help ensure your reputation in your community remains unharmed.
• Impact on civil cases. Criminal cases often result in a separate, civil lawsuit. A no contest plea cannot act as supporting proof in a civil suit, because it is not an admission of guilt. This only counts for misdemeanor offenses, however. Pleading no contest to a felony-level crime will likely be treated the same as a guilty plea.

What are the disadvantages to pleading no contest?Bottom of Form

Pleading no contest does have its cons, as well, including:

• Avoid public admission of guilt. Even though we also have this listed under advantages, it can cut both ways. Some judges may be wary of defendants entering no contest pleas, and want them to admit guilt, seeing a guilty plea as the only way to show remorse. Judges may impose more significant penalties in these cases.
• The case is closed. After a no contest plea, you cannot continue fighting the case against you. You won’t have the opportunity to argue your case and show you are innocent. If you’re honestly not guilty of the charges against you, pleading no contest may not be the best idea.
• No appellate rights. Once you enter your plea, you waive the ability to appeal certain aspects of your case. You may give up your right to challenge something like illegal search and seizure, or any other improper conduct.

When is entering a no contest plea appropriate?

Your Killeen criminal defense attorney can help decide when entering a no contest plea is a good idea. However, you may want to consider a no contest plea in the following situations:

• When you have a weak defense, as a judge is more likely to find you guilty if your case proceeds to trial.
• When you want to lower your chances of paying civil damages. As we discussed earlier, a no contest plea for a misdemeanor criminal case cannot act as evidence for a civil claim arising from the same crime. A guilty plea, however, does qualify as supporting evidence.
• When you want to keep your charges private. Pleading no contest and skipping a trial can help you avoid the public scrutiny of the charges against you.
• When you want to avoid the stress and anxiety of waiting for a trial.
• When you want to increase your chances of getting a lighter sentence. You’re more likely to get a lighter sentence if you plead no contest, rather than going to trial and potentially being found guilty.

It’s essential to understand that while a plea of no contest does not require you to admit guilt, it does result in a conviction and typically carries the same legal consequences as a guilty plea.

If you are facing criminal charges and are not sure how to plea, get in touch with a Killeen criminal defense attorney as soon as possible. At Mary Beth Harrell Criminal Defense and DWI Lawyers, we can help you determine the best way to proceed with your case, aiming for the best possible outcome. Call us or fill out our contact form to schedule a consultation with an experienced criminal defense attorney today. We maintain an additional office in Copperas Cove, and proudly serve Belton, Harker Heights, Waco, Williamson County, Bell County, Coryell County, and McLennan County.