South Carolina 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

Nolo contendere in misdemeanor cases. The defendant in any misdemeanor case in any of the courts of this State may, with the consent of the court, enter a plea of "nolo contendere" thereto and upon so doing such defendant shall be dealt with in like manner as if he had entered a plea of guilty thereto.

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 defendant entered a plea of nolo contendere to avoid further litigation. By choosing nolo contendere as his plea, he did not admit guilt but acknowledged that he could be convicted. The court accepted her plea of nolo contendere and proceeded to sentencing.

You may be able to enter into a favorable plea agreement with the prosecutor if you agree to plead guilty. They may drop the charges to a less serious offense or agree to reduce your sentence. This can be extremely beneficial, especially if you face a jail or prison sentence.

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.

A guilty plea in a criminal proceeding can serve as proof for any civil case brought against you. A no-contest plea cannot act as supporting proof in a civil suit, as it is not an admission of guilt. This consideration, however, does not extend beyond misdemeanor offenses.

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.

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.

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South Carolina Agreement to Enter a Plea of Nolo Contendere