A no contest plea in criminal court means that you accept the conviction but avoid a factual admission of guilt.
People often use the terms "guilty plea" and "no contest plea" interchangeably, but they can mean different things when you plead to a criminal charge.
Simply put, if you plead guilty, it means you're admitting that you did the crime. On the other hand, if you plead no contest (also called "nolo contendere"), it means you're accepting the punishment - but not admitting you are guilty of the crime being charged.
If you enter a "no contest plea," it will not reduce or change the jail or prison sentence compared to if you had pleaded guilty.
Aside from guilty and no contest, the third type of plea in the U.S. criminal court system is “not guilty.” A not guilty plea means you are telling the court that you believe you did not commit the crime you've been charged with, and it's up to the state - through the trial process - to prove that you are guilty beyond a reasonable doubt.
Pleas are typically entered during the arraignment, let’s explore all three of these options in more detail.
What is required to plead no contest?
In most jurisdictions, similar to a guilty plea, a judge in a no contest case must:
- They must confirm that you fully understand what admitting to the charges means and what consequences it might have.
- The judge needs to let you know that, legally, a "no contest" plea is treated the same as saying you're guilty.
- Ensure that you are entering the plea willingly, and without coercion.
If you decide to plead "no contest" in court, the judge must also let you know that you're giving up - or waiving - some important rights. These include the right to have a lawyer, the right to a trial with a jury, the right not to say anything that could be used against you, and the right to question and challenge the person accusing you.
How do pleas affect civil court cases?
The primary difference between saying "no contest" and "guilty" has to do with what happens in civil court.
In a misdemeanor offense case, when you plead "no contest," it cannot be used against you as proof of guilt in a civil lawsuit if someone decides to sue you for the same actions that led to the criminal charge. This means that if the person who brought the criminal case against you decides to take you to civil court as well, they have to prove your responsibility without pointing to your earlier "no contest" plea.
In most jurisdictions, more serious felony cases carrying a "no contest" plea have the exact same result as a "guilty" plea. This means that your no contest plea can be used as an admission of guilt in any other legal situation, including civil cases.
A pleas of no contest is not always available
It's worth noting that you might not always have the ability to choose between a guilty plea and a no contest plea. These are two common occurrences when a plea of no contest might not be available in certain situations:
- Prosecutors might insist that you plead guilty as part of a plea bargain.
- Judges may not always agree to accept a no contest plea.
What is a guilty plea?
A plea of guilty in court means you are admitting to committing the crime you were charged with. A judge has to hear this in court to make it official. By saying you're guilty, you're basically saying under oath that you know what you did, and you admit to doing the crime.
Requirements for pleading guilty
When you decide to plead guilty in court, there are certain things you must show the judge. You have to prove that you are saying "guilty" with full understanding and awareness. This means you need to understand:
- The specific crime or crimes you are being charged with.
- That by pleading guilty, you're admitting you did the crime(s).
- What might happen as a result of your guilty plea, including possible punishments.
- The rights you're giving up because of your plea.
Usually, the judge will ask if you completely understand these points to make sure you're making an informed decision.
Waiver of rights by pleading guilty
When you plead guilty to a crime, you’re saying to the court that you did whatever it is you’re being charged with. It’s important to know that when you plead guilty, you are giving up some important rights. By pleading guilty, you waive your rights to:
- Counsel
- A jury trial
- Not incriminate yourself
- Confront and cross-examine the accuser
In simpler terms, this means you are waiving your rights to having a lawyer to help you, having a trial with a jury, not having to say things that could make you look guilty, and being able to question the person accusing you.
Following your acknowledgement on weaving your rights and understanding the plea, the judge usually approves your plea and decides it's fair. Once approved, the case moves on to the sentencing part of the criminal court process, and there's no need for a jury trial.
It's important to note that sometimes, even if someone is innocent, they might choose to plead guilty to certain crimes to get a better sentence or to be charged with a less serious offense.
What is a not guilty plea?
When you plead not guilty, you're basically telling the court that you did not do the crime you're being charged with. After entering a not guilty, it's up to the state to prove, in a criminal jury trial, that you're guilty and that they are sure beyond any reasonable doubt that you committed the offense.
At this point, your lawyer gets ready for a trial. They have to find witnesses, including experts, submit requests to the court, and go through all the evidence.
During the trial, the prosecution would then show the evidence to try and prove that you are guilty of committing the crime(s) you were charged with.
A not guilty plea is the only one that will bring about a criminal trial, pleas of guilty and no contest both waive the right to trial. However, you can always change a not guilty plea either guilty or no contest if the judge permits it.
