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Colorado
Agreement to Enter a Plea of Nolo Contendere

Colorado Agreement to Enter a Plea of Nolo Contendere

Category:

Criminal - Plea Agreements

State:

Multi-State

Control #:

US-01274BG

Format:

Instant download

Description

In order that the issues may be framed for trial, the defendant must plead to the pleading of the prosecutor which has accused the defendant of certain crimes. If the defendant refuses to plead, a plea of not guilty will be entered for him. Nolo contendere is a Latin term meaning "I will not contest" the charges, which is a plea made by a defendant to a criminal charge, allowing the judge to then find him/her guilty. It has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.

Since the practice in criminal prosecutions is not uniform throughout the United States, local statutes and court rules should be considered in connection with use of this form.

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How to fill out Agreement To Enter A Plea Of Nolo Contendere?

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FAQ

The House bill provides that evidence of a guilty or nolo contendere plea, of an offer of either plea, or of statements made in connection with such pleas or offers of such pleas, is inadmissible in any civil or criminal action, case or proceeding against the person making such plea or offer.

Rule 410 contains a limited exception that allows for the admission of statements made during plea negotiations if the proffered statement ?ought in fairness be considered contemporaneously with? another statement made during the same discussion that has already been introduced.

A no contest plea is also referred to as a ?nolo contendere? plea or an ?Alford plea? after the case from which such pleas arose. Basically, these pleas are an admission that the prosecution has collected enough evidence to convince a judge and/or a jury that a defendant is guilty beyond a reasonable doubt.

No contest pleas are sometimes called nolo contendere pleas. The main advantage of no contest pleas is that they cannot be used against the defendant in a related civil case as an admission of liability.

Rule 11 - Pleas (a) Generally. A defendant personally or by counsel may plead guilty, not guilty, not guilty by reason of insanity (in which event a not guilty plea may also be entered), or with the consent of the court, nolo contendere. (b) Pleas of Guilty and Nolo Contendere.

(4) a statement made during plea discussions with an attorney for the prosecuting authority if the discussions did not result in a guilty plea or they resulted in a later-withdrawn guilty plea.

Federal Rule of Evidence 410 (?Rule 410?) and Federal Rule of Criminal Procedure 11(f) (?Rule 11?) make plea negotiations and with- drawn guilty pleas inadmissible against a sus- pect/defendant at trial. These rules exist to en- courage frank discussions between prosecu- tors, suspects/defendants and defense counsel.

Only a small percentage of Colorado criminal cases actually go to trial. Rule 410 gives both parties an incentive to plea bargain. It allows lawyers or Defendant's representing themselves, the right to speak freely with prosecutors, and even admit participation in the crime.

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