Pleading No Contest Vs Guilty In San Jose
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If this form requires notarization, complete it online through a secure video call—no need to meet a notary in person or wait for an appointment.
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FAQ
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.
Pleading not guilty provides you with the opportunity to fully explore all possible defenses and legal strategies. This ensures that justice is served in the most equitable manner possible, taking into account all relevant factors and circumstances.
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.
You may be able to enter into a favorable plea agreement with the prosecutor if you agree to plead guilty. They may drop the charges to a less serious offense or agree to reduce your sentence. This can be extremely beneficial, especially if you face a jail or prison sentence.
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).
If it's clear that you are going to be found guilty anyway because the evidence is against you, pleading guilty early will get you a better deal when you are sentenced - eg, less time in prison, or a lesser fine.
