What does it mean to plead no contest? Can I do this instead of pleading guilty?

[irishangel1958]

What is the name of your state?Michigan

[JETX]

Originally Posted by irishangel1958

What does it mean to plead no contest? Can I do this instead of pleading guilty?

Of course you can... but for all practical purposes, they are the same thing. The main difference is... a plea of nolo contendere (no contest) can't be used as proof of guilt in a subsequent civil proceeding.

no contest
n. in criminal law, a defendant's plea in court that he/she will not contest the charge of a particular crime, also called nolo contendere. While technically not an admission of guilt for commission of the crime, the judge will treat a plea of "no contest" as such an admission and proceed to find the defendant guilty as charged. A "no contest" plea is often made in cases in which there is also a possible lawsuit for damages by a person injured by the criminal conduct (such as reckless driving, assault with a deadly weapon, aggravated assault), because it cannot be used in the civil lawsuit as an admission of fault. "No contest" is also used where there has been a "plea bargain" in which the defendant does not want to say he/she is guilty but accepts the sentence recommended by the prosecutor in exchange for not contesting the charge (which is often reduced to a lesser crime). It is standard practice for the judge to ask either the attorneys or the defendant, "Is there a factual basis for the plea?" before accepting it and finding the defendant guilty.

[seniorjudge]

Originally Posted by irishangel1958

What is the name of your state?Michigan

Pleading no contest (sometimes known as "an Alford plea") says that I am not admitting to anything, but I acknowledge that if I went to trial, the government would have enough evidence to convict me, so I throw myself on the mercy of the court.

[JETX]

Originally Posted by seniorjudge

Pleading no contest (sometimes known as "an Alford plea")

Not to anyone with a KNOWLEDGE of law.

From a website:
"The Alford plea differs slightly from the nolo contendere ("no contest") plea. An Alford plea is simply a form of a guilty plea, and, as with other guilty pleas, the judge must see there is some factual basis for the plea. Therefore, a defendant's prior conviction via an Alford plea can be considered in future trials; and it will count as a "strike" if a three strikes law applies. On the other hand, a nolo contendere plea is in no way an admission of guilt, and it cannot be introduced in future trials as evidence of incorrigibility. However, courts do not have to accept a plea of nolo contendere, and usually do not, except in certain nonviolent cases.

This plea originated in the United States Supreme Court case of North Carolina v. Alford (1970), 400 US 25. Under subsequent case law, an Alford plea generally has the same effect as a plea of guilty with respect to sentencing, and use of the conviction as an aggravating factor if the defendant is later convicted of another offense."