No Contest Vs Guilty In Los Angeles
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Rarely, a defendant may refuse to plead when asked, either directly ("I withhold my plea") or indirectly (by staying silent). If this is the case, the magistrates will enter a plea of not guilty on the defendant's behalf and proceed ingly.
At this first appearance, the solicitor for the accused will usually state that the accused “makes no plea or declaration”. The accused will then be ready for trial. The accused may be given bail or kept in custody (prison or a Young Offender's Institute) between court hearings.
A plea hearing is when the court clerk reads out the list of offences the defendant has been charged with and asks the defendant to plead 'guilty' or 'not guilty'. If the case is ready this can be done in the first hearing in the magistrates 'court.
If you plead "nolo contendere" (no contest) you stated that while you do not wish to plead guilty you agree that the prosecutor has sufficient evidence that the court would find you guilty. This is considered the same as pleading guilty as far as the conviction is concerned.
At this first appearance, the solicitor for the accused will usually state that the accused “makes no plea or declaration”. The accused will then be ready for trial. The accused may be given bail or kept in custody (prison or a Young Offender's Institute) between court hearings.
If you might face a civil case related to your alleged crime, a no-contest plea can help you avoid giving the plaintiff a powerful piece of evidence. On the other hand, a guilty plea might get you a better deal from the prosecution, but it's essential to weigh the potential for a civil lawsuit.
Where the accused has not appeared, has not replied to his citation by letter or where (either the Crown or) the defence want to continue the case before a plea is tendered for further enquiry the case may be 'continued without plea'.
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.
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.
Both an Alford plea and a no contest plea are the functional equivalents of a guilty plea. A defendant who enters an Alford plea pleads guilty but claims to be innocent. With a no contest plea, a defendant accepts punishment but doesn't admit guilt. Both kinds of plea result in convictions.
