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Pleading No Contest Vs Guilty In Michigan
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Multi-State
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US-0018LTR
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Word;
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FAQ
No contest is the same as a guilty plea, period. It just can't be used against you in civil case.
If a defendant enters a plea of no contest, they do not admit guilt and deny the alleged facts of the charges, however, a plea of no contest still subjects the defendant to sentencing for the charges being denied.
``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.
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.
Though still sometimes criticized, it is fully respectable today and both pled (or plead) and pleaded are in good use in the U.S. In legal use (such as “pleaded guilty,” “pled guilty”), both forms are standard, though pleaded is used with greater frequency.
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.
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).
By maintaining a not guilty plea, you retain the leverage needed to negotiate a more favorable plea agreement. This could result in lesser charges, reduced sentences, or alternative sentencing options that might not be available if you initially plead guilty.
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.
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.
More info
Determine that plea is accurate there is a factual basis for concluding that defendant is guilty of crime to which he or she is pleading. Enter not guilty plea and go to Michigan Judicial Institute's Not Guilty Plea Flowchart for Misdemeanors.Pleading no contest implies that you accept the evidence against you without explicitly stating that you are guilty. A nolo contendere or "no contest" plea is treated as a guilty plea, even though it is not an admission of guilt. A no contest plea results in a conviction. It essentially means "I accept the conviction but I don't admit guilt". Pleading "no contest" to a criminal charge means you do not admit fault. Neither are you trying to fight for your innocence in a criminal trial. The court may not accept a plea of guilty or nolo contendere unless it is convinced that the plea is understanding, voluntary, and accurate. There is a little edge in pleading no contest or "nolo contendere" rather than pleading guilty to a crime.
