No Contest Vs Guilty In Cuyahoga
Description
Form popularity
FAQ
ALWAYS PLEAD NOT-GUILTY, even if you are making the mistake of representing yourself. Guilty pleas forfeit your right to challenge the state, limit your ability to discuss mitigating factors with the prosecutor, and leave you blindly facing the judge's sentence.
The main difference is how your plea can be interpreted in other cases. When you plead guilty, you admit that you committed the crime, which can be used against you in a related civil case. However, a no-contest plea in a misdemeanor case cannot be used to admit guilt in a related civil trial.
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.
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.
If you plead guilty, the judge will immediately find you guilty and sentence you. If you plead no contest, the judge most likely will find you guilty, because by making such a plea you are stating that you do not dispute the facts set forth in the complaint (the traffic citation).
By maintaining a not guilty plea, you ensure that your right to a fair trial is preserved, and the burden of proof remains squarely on the prosecution. Additionally, pleading not guilty allows your defense attorney the necessary time and opportunity to build a robust defense.
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.
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.
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).
