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Pleading No Contest Vs Guilty In Allegheny
Category:
State:
Multi-State
County:
Allegheny
Control #:
US-0018LTR
Format:
Word;
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FAQ
The main difference between a no contest plea and a guilty plea involves civil court proceedings. When you plead no contest in a misdemeanor case, that plea cannot be used against you as an admission of guilt if a civil lawsuit arises from the same conduct on which the criminal prosecution was based.
In criminal trials in Pennsylvania and elsewhere, if you enter a nolo contendere plea it means you are basically pleading no contest. In a nolo contendere plea, the prosecution and the judge both agree on what the sentence should be but the defendant probably disagrees.
This can be advantageous if a trial's outcome is uncertain or if a defendant doesn't want facts in the case to be aired out in public in a criminal proceeding. This can also be done by pleading guilty. However, a no contest plea cannot be used as evidence against a defendant in a civil lawsuit for the same act.
Sometimes people plead not guilty if there's a flaw in the evidence against them, or if there's a valid legal defense they wish to employ. Some may also want to test the evidence against them.
No Admission of Guilt: The lack of an admission of guilt allows the defendant to maintain a certain level of denial regarding the crime in other legal or personal contexts, which can be crucial for their reputation.
Both misdemeanor and felony convictions remain on your record indefinitely. A no-contest plea will result in a permanent criminal record for both types of offenses unless you successfully petition for expungement or an order of nondisclosure (sealing).
The American justice system is based on English common law. Nolo contendere, too, comes from this English legal foundation. This plea of “no contest” essentially worked the same way then that it does now: a defendant has the right to accept punishment without admitting guilt.
A plea of nolo contendre (latin for “I am unwilling to contest”) is a plea recognized in US law, but does not have any foundation in Canadian criminal law. It is prohibited by virtue of s. 606(1) which lists all valid pleas. A guilty plea that in substance amounts to a plea of nolo contendre will be invalid.
Pleading not guilty means that you say you didn't do the crime. Or that you did, but you had an excuse which the law recognises as a defence. The court will then have a trial to decide whether you're guilty. If the court decides that you are guilty, you'll be convicted. The court will decide what sentence to give you.
Pleading guilty means you admit that you committed the crime. Pleading no contest (“nolo contendere”) means accepting the conviction but avoiding a factual admission of guilt.
