Montana Agreement to Enter a Plea of Nolo Contendere

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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.

The Montana Agreement to Enter a Plea of Solo Contender, also known as a no contest plea, is a legal document that allows a defendant to plead guilty without admitting guilt or accepting responsibility for the alleged offense. This plea is an important legal tool that defendants can use to avoid the potentially negative consequences of a guilty plea. A Solo Contender plea in Montana can be entered in various situations, including criminal cases, civil cases, and even traffic violations. This plea differs from a typical guilty plea because the defendant does not explicitly admit guilt. Instead, they are simply acknowledging that the prosecution has enough evidence to establish their guilt beyond a reasonable doubt. One type of Montana Agreement to Enter a Plea of Solo Contender is utilized in criminal cases. Defendants accused of crimes such as assault, theft, or DUI (driving under the influence) may opt for a no contest plea to avoid potential repercussions like jail time, heavy fines, or a criminal record. By entering a Solo Contender plea, defendants are essentially saying that they do not wish to contest the charges against them, but at the same time, they are not admitting guilt. Another type of Montana Agreement to Enter a Plea of Solo Contender may be used in civil cases. In civil lawsuits, such as personal injury claims or breach of contract disputes, a defendant may choose to enter a Solo Contender plea as a strategic move. By doing so, they are able to settle the case without admitting fault and potentially avoid the negative consequences associated with admitting guilt. Additionally, a no contest plea can be utilized for certain traffic violations. Montana's drivers who receive traffic tickets for offenses like speeding, running a stop sign, or reckless driving can choose to enter a Solo Contender plea. This enables them to accept the penalties, such as fines or driver's license points, without directly admitting guilt or facing potential increases in insurance rates. Ultimately, the Montana Agreement to Enter a Plea of Solo Contender grants defendants the option to resolve legal matters without explicitly admitting guilt. This plea can be advantageous in mitigating the consequences of legal actions in various cases, from criminal charges to civil disputes and traffic violations. It is crucial to consult with an experienced attorney to determine if a Solo Contender plea is the right course of action in any given situation.

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FAQ

One of the most well-known disadvantages of pleading no contest is the fact that a defendant will be convicted, sentenced, subjected to penalties, and have a permanent criminal record. Additionally, a no contest plea can be used later on as an aggravated factor if the defendant is criminally charged again.

If you plead Not Guilty your case will be set for trial. The Judge will advise you of your hearing dates. Non-Jury and Jury trials are set about 6-8 weeks from your appearance. A No Contest plea can only be entered with approval of the prosecution and the judge.

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.

Avoiding a public admission of guilt: One of the most significant advantages of a no-contest plea is that it allows you to avoid making a public admission of guilt. This can be beneficial when you do not want to risk being found guilty by a judge or jury and don't want to admit guilt.

Pleading no contest or nolo contendere is similar to a guilty plea, in the sense that you accept the conviction for the criminal charge. In the case of misdemeanor charges, the no contest or nolo plea can not be used against you as an admission of guilt in civil proceedings.

In a criminal proceeding, a defendant may enter a plea of nolo contendere, in which the defendant does not accept or deny responsibility for the charges but waives the right to a trial and agrees to accept the penalty.

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46-12-204. Plea alternatives. (1) A defendant may plead guilty, not guilty, or, with the consent of the court and the prosecutor, nolo contendere. Montana Code Annotated 2021. TITLE 46. CRIMINAL PROCEDURE. CHAPTER 12. ARRAIGNMENT OF DEFENDANT. Part 2. Procedure on Arraignment. Advice To Defendant.(b) A defendant who claims that a plea of guilty or nolo contendere was not entered voluntarily may move to withdraw the plea. If the motion to withdraw is ... (3) If the court accepts a plea agreement, the court shall inform the defendant that it will embody in the judgment and sentence the disposition provided for in ... Recognizes nolo pleas with consent of court; plea cannot be used against defendant later in either criminal or civil cases. Oklahoma: 22 OK Stat. sec 22-515. Aug 11, 2015 — Pursuant to a written plea agreement, Defendant pleaded nolo contendere to the charge. Thereafter, Defendant was arrested for a subsequent ... by AJ Hinshaw · 1994 · Cited by 8 — 49 Section 46-16-105 of the Montana Code requires that the district court inform the de- fendant of the consequences of a guilty plea and of the maximum penalty ... (a) Entering a Plea. (1) In General. A defendant may plead not guilty, guilty, or (with the court's consent) nolo contendere. (2) Conditional Plea. Dec 4, 2015 — Wilder (Wilder) entered a nolo contendere plea to one count of felony elder abuse, in violation of Mont. Code Ann. § 52-3-825. (Tr. at 2, 7-10 ( ... In a criminal case, the lawyer shall abide by the client's decision, after consultation with the lawyer, as to a plea to be entered, whether to waive jury trial ...

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Montana Agreement to Enter a Plea of Nolo Contendere