No Contest Vs Guilty In New York
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FAQ
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.
Note that you do not always have the option of pleading no contest instead of pleading guilty. Sometimes prosecutors insist that you plead guilty as part of a plea bargain. And judges do not always have to accept no contest pleas. No contest pleas still result in a conviction.
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 Cannot Choose No Contest New York law does not give you the option to choose no contest. You can simply choose if you are pleading guilty or not guilty. The way that you plead is going to have a big impact on your case.
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).
No Admission of Guilt: The lack of an admission of guilt allows the defendant to maintain a certain level of denial regarding the crime in other legal or personal contexts, which can be crucial for their reputation.
Under New York Estates, Powers and Trusts Law Section 3-3.5, no-contest clauses are valid and enforceable whether or not you have probable cause to bring a will contest. A condition that qualifies a disposition is valid even if the decedent didn't specify an alternative gift in case the condition was breached.
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.
