242) What is a “No Contest” plea? ~ Michael A Haber Miami Criminal Defense DUI DV Lawyer
Channel: Michael Haber
Date: 2018-02-25

Thank you for asking me “What is a “No Contest” plea?”

Noting that procedures and time frames vary from State to State, if you get arrested - anywhere in the United States - unless the prosecutor decides to drop your charge, then, ultimately, you’ll be taken before a Judge and you’ll be asked to enter a plea to the charge.

Most folks will enter a “Not Guilty” plea, which basically tells the Court that you wanna invoke your rights and challenge the charges against you; but some folks will do the polar opposite and enter a “Guilty” plea, which is a straight up admission that you did it (whatever “it” is) and which will subject you to sentencing.  But there’s a third option, a sort of “middle ground”, called a “no contest”, or a “nolo contendre” or a “nolo” plea.  

When you plead no contest you’re not saying that you did it or that you didn’t do it; rather you’re telling the court that you simply don’t wanna challenge the case against you.  In fact the literal translation for the Latin term “nolo contendere” is “I do not wish to contend.”

As with most things in criminal court there are advantages and disadvantages to entering a nolo plea.  On the plus side you close your case quickly and you may get some plea bargaining or sentencing benefit from either the prosecutor or the Judge for doing so.  Plus, in Florida anyhow (I can’t speak to any other State), a no contest plea in criminal court is inadmissible as evidence in civil court case. 

While you can’t plead nolo in federal court the feds do recognize what’s called an “Alford plea”, whereby you don’t admit a criminal act and you in fact assert your innocence.  But either way, in any State or in the Federal system, you can’t necessarily enter a no contest or an Alford plea.  Why?  Because many Judges simply won’t accept them, and many prosecutors are gonna object.


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