What is the purpose of the nolo contendere?

A no contest plea prevents the court from eliciting a defendant's admission of guilt, but the result of the defendant's plea not to contest the charges against him or her is the same as if the defendant had admitted guilt.

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Agreement to Enter a Plea of Nolo Contendere

New Jersey 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

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.

The scope of plea bargaining in New Jersey has limitations. Under the law, prosecutors must: Only negotiate plea agreements with defendants who are either represented by counsel or who have knowingly waived their right to counsel on the record. Make sentence recommendations that uphold minimum sentencing requirements.

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.

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.

The advantage of a nolo contendere plea over a guilty plea is that former cannot be used against the defendant in a civil suit.

A no contest plea prevents the court from eliciting a defendant's admission of guilt, but the result of the defendant's plea not to contest the charges against him or her is the same as if the defendant had admitted guilt.

Entering a plea of guilty, not guilty, or no contest is part of every criminal case that makes it past the preliminary stages. A plea of no contest is like a guilty plea in that you accept a penalty, but you neither admit fault nor deny that you committed the offense.

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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New Jersey Agreement to Enter a Plea of Nolo Contendere

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