Pleading No Contest Vs Guilty In Miami-Dade
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``No contest'' means you are not admitting guilt, but are accepting there is sufficient evidence to convict you. ``Guilty'' means you are admitting guilt. Either way, the court will sentence you for the crime.
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 no contest plea means just what it says: The defendant has decided not to contest the state's charges against them. While this is not the same as pleading “guilty,” it essentially has the same effect. The trial court will enter a judgment against the defendant and impose a sentence.
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.
If you entered a plea of guilty or no contest and adjudication of guilt was withheld, the law only allows you to have your records sealed. Then, after ten years of staying out of trouble, you may apply to have your record expunged.
Read more. About 95% of felony convictions in the United States are obtained by guilty pleas (and at least as many misdemeanor convictions), but only 15% of known exonerees pled guilty (261/1,702). Innocent defendants who plead guilty have an exceptionally hard time convincing anybody of their innocence. Read more.
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 fear of a potentially harsher sentence if found guilty at trial can lead some people to plead guilty to crimes they didn't commit. Additionally, factors like pressure from law enforcement, lack of resources to mount a defense, or misunderstanding of legal rights can also contribute to false guilty pleas.
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).
A guilty plea is an affirmative admission of guilt. A no contest plea is not. Therefore if there are possible civil liability ramifications, such as responsibility for an auto accident, its better to plea no contest, if possible.
