South Dakota Agreement to Enter a Plea of Nolo Contendere

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US-01274BG
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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.

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FAQ

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.

No Contest or "Nolo Contendere" A Latin phrase meaning "I will not contest it",; a plea which has similar legal effect as pleading guilty. A defendant may pleas nolo contendere only with consent of the court.

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.

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.

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.

In Michigan, "A nolo contendere plea does not admit guilt, it merely communicates to the court that the criminal defendant does not wish to contest the state's accusations and will acquiesce in the imposition of punishment." A nolo contendere plea may be appropriate "where the defendant would not be able to supply a ...

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South Dakota Agreement to Enter a Plea of Nolo Contendere