No Contest Vs Guilty In Arizona
Description
Form popularity
FAQ
No-contest clauses are generally permissible in Arizona for wills (A.R.S. §14-2517) and trusts (A.R.S. §14-10113). However, in Arizona, any beneficiary with “probable cause” for a contest will not have a no-contest clause enforced against them.
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 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.
If you were aware of the traffic law but mistakenly believe that your actions did not constitute a violation, pleading no contest or nolo contendere might be most suitable. However, if you knowingly ran the red light and wish to take responsibility for your actions, a guilty plea may be more appropriate.
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.
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.
A plea of no contest may be accepted only after the court gives due consideration to the parties' views and to the interest of the public in the effective administration of justice.
Not Guilty You can later decide to change your plea to guilty or no contest if you wish. If you plead not guilty you will have a pretrial conference to try to settle your case. There is no penalty for pleading not guilty. Your sentence will not be more severe or less severe based merely on how you plead.
You admit to the allegation. No contest means that you do not admit to actually committing the allegation, you merely admit that the State can produce sufficient evidence for you to be found guilty. In general, no contest is the better way to go, but it probably wouldn't make much difference in your situation.
