The Difference Between “No Contest” and “Guilty” Pleas
The American legal system recognizes three types of pleas: guilty, not guilty, and no contest. While the difference between guilty and not guilty is clear, what separates a guilty plea from no contest?
If you plead no contest, also known by its Latin translation nolo contendere, you are not admitting guilt. Rather, you are simply accepting conviction and its punishments. Because you do not admit you were guilty of the accusations, a no contest plea cannot be used against you in civil court proceedings.
What Does it Mean to Plead Guilty?
If you plead guilty to a crime, it means you are admitting that you committed the charged offense or crimes. For a guilty plea to be official, you must make your admission under oath and for the court record.
For the official record, the judge typically will ask you a series of questions to show you comprehend what you are doing by pleading guilty. These questions are designed to give you another chance to withdraw your guilty plea and to prevent you from later appealing your conviction by claiming you did not know the consequences.
Some questions the judge usually asks include:
- That you understand you are forfeiting some of your constitutional rights.
- That you are pleading guilty knowingly and willingly.
- That you know what crimes you are accused of and admitting to having done.
- That you know the consequences of your guilty plea, including possible prison time.
Ironically, innocent people often admit their guilt in court. Due to plea bargaining, you may have determined a lesser sentence is better than the risk of a trial, even if you are not guilty of the allegations.
What Is a Plea of No Contest?
Unlike a guilty plea, a plea of no contest does not require you to acknowledge your guilt for the record. Instead, the judge will ask you whether you understand the consequences of the no contest plea. One of these consequences is that you will be treated as if you plead guilty.
You also must acknowledge that you waive some constitutional rights, including:
- To have a jury trial.
- To confront and cross-examine your accusers.
- To receive counsel from an attorney.
- To not incriminate yourself.
The judge will also ensure that you are entering your no contest plea knowingly and voluntarily.
Can a No Contest Plea Be Used to Show Guilt?
If you plead guilty to a crime, you are admitting on the record that everything you were accused of is true. Often, the events that led to a criminal case will also form the basis of a civil trial. For example, the families of murder victims may launch a wrongful death lawsuit against the person accused of killing their loved one.
Civil cases have a lower burden of proof than criminal trials. The prosecution must prove you committed the crime beyond a reasonable doubt to convict you in criminal court. In civil court, the plaintiff only must show the defendant’s actions by a preponderance of the evidence.
However, if you plead guilty at a criminal trial, a plaintiff could use this admission of guilt in a subsequent civil proceeding. Sometimes, your guilty plea is enough to find you liable in civil court. A no contest plea can help, but only in misdemeanor proceedings.
If you plead no contest to a misdemeanor charge, that cannot be held against you in civil court. Still, in a felony case, a no contest plea is equivalent to a guilty plea and can be entered as evidence in civil proceedings.
In California, both guilty and no contest pleas can be withdrawn. If you are reconsidering an earlier plea, contact Chambers Law Firm to discuss your options. Our experienced criminal defense team can advise you on possible next steps. Schedule a free meeting with our team by calling 714-760-4088 or emailing dchambers@clfca.com today.
