What is a no contest plea in Alabama?

Pleading nolo contendere means you're not contesting the charges against you. It's a way of neither admitting guilt or saying you're not guilty. Defendants use this plea as a way to minimize the punishments they're facing. Under Alabama law, however, you cannot enter a plea of nolo contendere.

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Plea Form with Harvey Waiver

Alabama Plea Form with Harvey Waiver

Q: What is a no contest plea in Alabama?

Pleading nolo contendere means you&#039;re not contesting the charges against you. It&#039;s a way of neither admitting guilt or saying you&#039;re not guilty. Defendants use this plea as a way to minimize the punishments they&#039;re facing. Under Alabama law, however, you cannot enter a plea of nolo contendere.

Category:

Criminal - Pleas

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Multi-State

Control #:

US-02058BG

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Instant download

Description

A Harvey waiver allows the court to consider dismissed charges during sentencing in a criminal case. Absent a waiver by defendant, a sentencing court is not permitted to rely upon information relating to counts dismissed in accordance with a plea bargain. The name originates from a California case, People v. Harvey (1979) 25 Cal.3d 754.

This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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How to fill out Plea Form With Harvey Waiver?

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FAQ

Pleading guilty means you admit that you committed the crime. Pleading no contest (?nolo contendere?) means that you accept the conviction but avoid a factual admission of guilt.

California Penal Code Section 1018 grants you the right to withdraw a guilty or no contest plea. This right applies in both misdemeanor and felony cases. Under the law, the withdrawal of a plea takes place by you filing a motion with the court.

Nolo Contendere, pronounced ?NO-lo kawn-TAWN-dray,? is Latin for ?I will not contest.? It is also referred to commonly as pleading No Contest or Standing Mute. It essentially means that the defendant does not admit or deny guilt, but accepts punishment for the crime that is charged.

Pleading nolo contendere means you're not contesting the charges against you. It's a way of neither admitting guilt or saying you're not guilty. Defendants use this plea as a way to minimize the punishments they're facing. Under Alabama law, however, you cannot enter a plea of nolo contendere.

The criminal consequences of an Alford plea are the same as pleading guilty or no contest. The criminal court still treats an Alford plea as a guilty plea and imposes a criminal sentence, which may include a prison sentence and fines. You still have a conviction on your criminal record if you go this route.

Understanding Pleas at an Arraignment in Alabama When a judge asks a defendant how they plead to a charge during an arraignment hearing, a defendant can enter a plea of guilty, not guilty, or no contest. A guilty plea indicates the defendant accepts the charges and allegations.

A defendant who enters an Alford plea pleads guilty but claims to be innocent. With a no contest plea, a defendant accepts punishment but doesn't admit guilt. Both kinds of plea result in convictions.

The Gist of this Article: A plea entered pursuant to People v. West is a plea entered into without admitting the factual truth of the allegations against defendant, but is entered into for practical purposes to avoid more punishment if one is found guilty at trial.