No Contest Vs Guilty In Nevada
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FAQ
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.
The prosecutor may offer a deal for a reduced sentence or no jail time if you agree to plead guilty. As part of plea deals, you cannot go back and fight the charges, because you already pleaded guilty. Before accepting a plea bargain, understand your rights to make sure you know what you're giving up.
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.
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.
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.
Some people worry that if they plead “not guilty,” when they feel they are really guilty, that it could hurt them later. Please do not worry.
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.
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.
The motion to withdraw a plea can be done at the discretion of the judge. This motion can typically be filed before the sentencing hearing if you are able to obtain legal representation in time.
