New Mexico Agreement to Enter a Plea of Nolo Contendere

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US-01274BG
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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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FAQ

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.

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

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.

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.

contest plea, also known as a nolo contendere plea, is one in which the defendant does not admit guilt but accepts punishment as if they had pled guilty. This type of plea is often used when the defendant wants to avoid a lengthy trial or public admission of guilt.

Nolo means No Contest. This plea means you are not pleading guilty or not guilty, but simply accepting the charge and agreeing to the fine and sentence.

Under the doctrine of Nolo Contendere, the plea is treated as an implied confession of guilt or that the Court will decide on the point of his guilt. However, the Court is not bound to accept such a plea of the accused.

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 Mexico Agreement to Enter a Plea of Nolo Contendere