Terms
Nolo contendere
Nolo contendere is a Latin legal term which literally means "I will not contest it". Nolo contendere is a plea option in criminal cases which has a similar effect as a guilty verdict, though not quite the same. When a person pleas nolo contendere, they are not admitting or denying responsibility for the acts in question but agree to accept the punishment. There are several reasons why a nolo contendere plea may be advantageous to a criminal defendant.
By pleading nolo contendere you are leaving it entirely up to the court's discretion to determine whether or not you are guilty of the charges before you and what type of sentence that will entail. In most cases, a nolo contendere plea will result in a criminal sentence, as no strong defense can be made without contesting the charges at hand. There are, however, a number of reasons why a defendant would wish to enter a nolo contendere plea.
One of the best reasons for pleading nolo contendere is that the defendant is not admitting to a tort or any other type of wrongdoing that can later be used against him in a civil case. By pleading nolo contendere, the defendant is not admitting anything so therefore this plea cannot be used later to show admission of guilt. A defendant may also choose to plea nolo contendere because the facts of the case are complex and the defendant may not know whether the act they committed is a criminal offense. Sometimes a defendant that is almost certain of a conviction will plea nolo contendere because they do not wish to admit guilt. A plea of nolo contendere can also save the defendant time and money.
The court must always approve a plea of nolo contendere when an individual wishes to plea this way. Federal law states that before a court will accept a plea of guilty or nolo contendere, the defendant must appear in court. During this appearance, the court will address the defendant personally to ensure that the plea of nolo contendere is voluntary and that the defendant understands: the nature of the charges to which the plea is offered, the mandatory minimum and maximum penalty provided by law, and that the court may order any applicable sentence including incarceration, parole, probation, punitive fines, restitution to the victim, and more. At this court appearance the defendant has the right to legal representation and will be informed of additional rights they have at the time.
There are some drawbacks to a nolo contendere plea. As previously stated, a nolo contendere plea most often results in a guilty verdict. When a defendant pleas nolo contendere they waive the right to a jury trial, are unable to contest the charges against them, and have extremely limited appeals rights (particularly in some states and jurisdictions).
In over ninety percent of all criminal cases the defendant pleas guilty or nolo contendere to the charges against them. If you would like to learn more about the benefits and drawbacks to pleading not guilty, guilty, and nolo contendere, please contact us to speak with a qualified and experienced defense attorney who can determine how best to protect and maximize your legal interests.
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