Nolo contendere facts for kids

Nolo contendere (say "NO-lo kon-TEN-de-ray") is a legal term from Latin. It means "I do not wish to argue." People also call it a no contest plea.

In some criminal trials in the United States, a person accused of a crime (the defendant) can choose this plea. It means they neither say they are guilty nor that they are not guilty. It's a choice instead of saying "guilty" or "not guilty." A no contest plea usually has the same immediate result as a guilty plea. It is often used as part of a plea bargain, which is an agreement between the defendant and the prosecutor. In many places, using a nolo contendere plea is not always allowed and has rules about when it can be used.

No Contest Pleas in the United States

In the United States, each state decides if and when a person can plead no contest in state criminal cases. In federal courts, a nolo contendere plea can only be used if the court agrees. Before accepting it, the court looks at what both sides want and what is best for justice.

What Happens After a No Contest Plea?

A nolo contendere plea has the same immediate results as a guilty plea. This means the person gets the same punishments, fines, and other penalties. It can also be seen as a serious factor in future criminal cases.

However, a no contest plea can be different from a guilty plea in later situations. For example, with a guilty plea, the person usually has to explain what they did. With a no contest plea, they might not have to. This means a no contest conviction usually cannot be used in later civil lawsuits to prove that the person was careless or acted with bad intentions.

Rules in Different States

Different states have their own rules about nolo contendere pleas.

Alaska

In Alaska, a criminal conviction from a nolo contendere plea can be used against the person in future civil lawsuits. The Alaska Supreme Court said in 2006 that if someone is convicted of a serious crime with a no contest plea, they cannot deny what was proven by that conviction in a later civil case.

California

In California, a nolo contendere plea is sometimes called a West plea. This name comes from an important case about plea bargains called People v. West (1970). The state's Board of Pharmacy treats a no contest plea as a conviction when deciding about licenses for pharmacies or pharmacists.

If a no contest plea is for a serious crime (a felony), it is treated exactly like a guilty plea in civil lawsuits. If it's for a less serious crime, it cannot be used in a civil lawsuit.

Florida

In Florida, the Florida Supreme Court decided in 2005 that no contest convictions can be counted as past convictions for future sentencing. This means they can affect how a person is punished for new crimes.

Michigan

In Michigan, a nolo contendere plea does not mean the person admits guilt. It just means they do not want to argue against the charges. They agree to accept the punishment. A no contest plea might be used if a person cannot remember what happened. It can also be used if they cannot explain enough facts to support a guilty plea.

When a person pleads no contest, the court does not ask them to admit what they did. But the result is the same as if they had pleaded guilty. If the no contest plea is for a serious crime, the court must agree to it. A no contest plea in a criminal case does not stop the person from denying responsibility in a later civil lawsuit about the same event.

Texas

In Texas, it is very hard to appeal the result of a plea bargain if you pleaded nolo contendere or "guilty." People who entered a no contest plea can only appeal the court's decision if their appeal is based on written requests made before the trial.

Virginia

The rules in Virginia are different from federal rules. In Virginia, a nolo contendere plea from a criminal case can be used in a related civil lawsuit.

No Contest Pleas in Commonwealth Countries

In Commonwealth countries, like England, Wales, Scotland, Canada, and Australia, the nolo contendere plea is not allowed. In these countries, a person must plead either "guilty" or "not guilty." If someone refuses to enter a plea, the court will record it as "not guilty."

See also

In Spanish: Nolo contendere para niños

• Nolle prosequi
• Alford plea