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Pleading No Contest Vs Guilty In Utah
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Multi-State
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US-0018LTR
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FAQ
Any statements you make at the podium if pleading guilty may and will be used against you in any subsequent personal injury action. Therefore, it is generally best to plead “no contest,” which means that you are guilty, but your plea cannot be used against you in other court proceedings.
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.
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).
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.
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.
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.
(3) A plea of no contest indicates the accused does not challenge the charges in the information or indictment and if accepted by the court shall have the same effect as a plea of guilty and imposition of sentence may be rendered in the same manner as if a plea of guilty had been entered.
Always plead not guilty. If you plead guilty you are asking for points/higher fines. Never do that. You will receive a summons to traffic court and your driving abstract will be reviewed.
Therefore, it is generally best to plead “no contest,” which means that you are guilty, but your plea cannot be used against you in other court proceedings.
More info
A guilty plea and a no contest plea have the same effect, and are both considered a conviction. Salt Lake City criminal defense lawyer Darwin Overson explain how no contest pleas work in Utah and if it's better to plead guilty if charged with a crime.Pleading no contest implies that you accept the evidence against you without explicitly stating that you are guilty. If you plead no contest then you not only don't contest your guilt but you also don't contest the facts that will be used for sentencing. No Contest - This plea is not an admission of guilt, but it is an admission of the truth of the facts alleged in the complaint. A no contest plea has the same effect as a guilty plea but it is different from just admitting guilt. If you plead guilty or no contest, you may be sentenced immediately or you can ask the court to delay sentencing for at least two days. A no contest plea has the same effect as a guilty plea but it is different from just admitting guilt. If you plead "not guilty," motion hearings and eventually a trial will be scheduled. If you plead "guilty" or "no contest", a sentencing will be scheduled.
