What is the difference between guilty and no contest

The American legal system recognizes three types of pleas: guilty, not guilty, and no contest. While the difference between guilty and not guilty is clear, what separates a guilty plea from no contest?

Table of Contents Show

• What Does it Mean to Plead Guilty?
• What Is a Plea of No Contest?
• Can a No Contest Plea Be Used to Show Guilt?
• Accepting Guilt
• Possible Consequences
• Vs. Plea Bargain
• When to Plead No Contest
• What Does it Mean to Plead Guilty?
• What Does it Mean to Plead No Contest?
• No Contest vs. Guilty Plea
• Should I Plead Guilty or No Contest?

If you plead no contest, also known by its Latin translation nolo contendere, you are not admitting guilt. Rather, you are simply accepting conviction and its punishments. Because you do not admit you were guilty of the accusations, a no contest plea cannot be used against you in civil court proceedings.

What Does it Mean to Plead Guilty?

If you plead guilty to a crime, it means you are admitting that you committed the charged offense or crimes. For a guilty plea to be official, you must make your admission under oath and for the court record.

For the official record, the judge typically will ask you a series of questions to show you comprehend what you are doing by pleading guilty. These questions are designed to give you another chance to withdraw your guilty plea and to prevent you from later appealing your conviction by claiming you did not know the consequences.

Some questions the judge usually asks include:

• That you understand you are forfeiting some of your constitutional rights.
• That you are pleading guilty knowingly and willingly.
• That you know what crimes you are accused of and admitting to having done.
• That you know the consequences of your guilty plea, including possible prison time.

Ironically, innocent people often admit their guilt in court. Due to plea bargaining, you may have determined a lesser sentence is better than the risk of a trial, even if you are not guilty of the allegations.

What Is a Plea of No Contest?

Unlike a guilty plea, a plea of no contest does not require you to acknowledge your guilt for the record. Instead, the judge will ask you whether you understand the consequences of the no contest plea. One of these consequences is that you will be treated as if you plead guilty.

You also must acknowledge that you waive some constitutional rights, including:

• To have a jury trial.
• To confront and cross-examine your accusers.
• To receive counsel from an attorney.
• To not incriminate yourself.

The judge will also ensure that you are entering your no contest plea knowingly and voluntarily.

Can a No Contest Plea Be Used to Show Guilt?

If you plead guilty to a crime, you are admitting on the record that everything you were accused of is true. Often, the events that led to a criminal case will also form the basis of a civil trial. For example, the families of murder victims may launch a wrongful death lawsuit against the person accused of killing their loved one.

Civil cases have a lower burden of proof than criminal trials. The prosecution must prove you committed the crime beyond a reasonable doubt to convict you in criminal court. In civil court, the plaintiff only must show the defendant’s actions by a preponderance of the evidence.

However, if you plead guilty at a criminal trial, a plaintiff could use this admission of guilt in a subsequent civil proceeding. Sometimes, your guilty plea is enough to find you liable in civil court. A no contest plea can help, but only in misdemeanor proceedings.

If you plead no contest to a misdemeanor charge, that cannot be held against you in civil court. Still, in a felony case, a no contest plea is equivalent to a guilty plea and can be entered as evidence in civil proceedings.

In California, both guilty and no contest pleas can be withdrawn. If you are reconsidering an earlier plea, contact Chambers Law Firm to discuss your options. Our experienced criminal defense team can advise you on possible next steps. Schedule a free meeting with our team by calling 714-760-4088 or emailing today.

In the United States, there are three pleas the criminal defendant can make in the court of law, guilty, not guilty and no contest. Everyone understands that not guilty means the defendant is not admitting to committing the crime. However, many people get confused when it comes to the difference between no contest and guilty, as both pleas result in punishment for the defendant. In truth, there are several differences between the two that need to be understood. This will help you fully comprehend the legal consequences of the chosen plea.

In this article, we look at the difference between guilty and no contest pleas in more detail. With this understanding, you should then be able to decide whether it is better to plead guilty or no contest in your case for the best outcome.

What Does it Mean to Plead Guilty?

In the American legal system, pleading guilty means the defendant is admitting they committed the criminal offense they are in court for. They take full responsibility for the offense and accept the associated punishments. For a guilty plea to be official and be in the court record, anyone pleading guilty must do so under oath. The judge will then ask a series of other questions to ensure that the defendant is aware of the ramifications of their plea and how pleading guilty will remove some of their constitutional rights.

After the defendant has pleaded guilty, the case is resolved and thus closed without needing to go to trial. Sentencing may be given to the defendant at this time, or the meeting may be adjourned and a separate sentencing hearing scheduled. Interestingly, it is common for innocent people to plead guilty in court to enter a plea bargain. If the outcome of a trial is not looking promising, pleading guilty could result in a lesser punishment than if the defendant was proven to be guilty in a trial.

What Does it Mean to Plead No Contest?

When a defendant pleads no contest, also known as nolo contendere, they are accepting the punishment for the crime without admitting guilt. In other words, they are not saying they committed the crime. This plea also needs to be made under oath. The judge will ask several questions to check if the defendant fully understands the consequences of their plea. After the defendant has made their plea, the case will be closed and the judge will decide on an appropriate punishment for the defendant based on the nature of the offense that has been committed.

No Contest vs. Guilty Plea

Now that we know a little more about no contest and guilty pleas, we can start to compare the two. We will start with the similarities, as these are a little easier to understand. When a defendant pleads either guilty or no contest, the case is closed without going through the lengthy process of going to trial. The accused will also receive punishment for the offense as part of the legal consequences, and the defendant will receive a conviction for the crime regardless of the plea they make.

However, despite these similarities, there are differences between the two:

·        Admission of Guilt: The main difference between no contest and guilty pleas lie in the admission of guilt. Whereas those that plead guilty take full responsibility for their actions, a defendant that enters a no-contest plea takes the punishment without admitting they are responsible for the offense.

·        Effect on Civil Charges: Many criminal cases lead to disputes between individuals or organizations which fall under the category of civil law, thus opening both criminal and civil lawsuits. When the defendant pleads guilty in a criminal case, this can be used as supporting evidence for any civil claims filed against them. On the other hand, as a no-contest plea does not admit guilt, it cannot be used as evidence in a civil case. Note that in most jurisdictions this only applies to misdemeanor cases. No contest pleas for a felony offense typically have the same effect as a guilty plea and can be used as evidence.

·        Restrictions by State: All states allow for a defendant to plead guilty with no restrictions. However, the judge can choose to not accept a no-contest plea, such as if the defendant is denying their guilt to the media. This is known as an Alford plea and is not permitted in the states of Indiana, Michigan, and New Jersey. Moreover, some states still use the death penalty. In general, a no-contest plea is not accepted in a death penalty case.

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Should I Plead Guilty or No Contest?

Is it better to plead guilty or no contest? Well, this largely depends on the specifics of the case. Where given the option to plead no contest, this is generally beneficial for misdemeanor cases. The defendant will still be sentenced for the crime and receive punishment. However, if the defendant pleaded no contest, this case cannot be used against them as evidence in civil cases. Instead, the plaintiff will have to prove the defendant’s involvement by providing other evidence. As such, this could reduce their overall sentencing by reducing the chance they will be charged for civil crimes.

On the other hand, guilty and no contest pleas for felony offenses are seen as equivalent and can be entered as evidence in civil proceedings. Therefore, it is generally better for the defendant to enter a guilty plea in criminal cases involving a felony offense so the defendant can enter a plea bargain. In a plea bargain, the prosecutor will offer lesser sentencing and reduced penalties for admitting guilt,  resulting in a lesser punishment for the defendant.

Conclusion

Pleading guilty and no contest both have immediate action. The criminal case will not go to trial, and the defendant will receive punishment for the crime. However, a no-contest plea does not admit guilt and thus has different repercussions in future lawsuits and civil cases. Which plea is best to take depends on the nature of the crime and whether a plea bargain is on the table. If you are thinking of making a plea of any kind, speak to a criminal defense attorney first to ensure you choose the route with the best possible outcome.