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Pleading No Contest Vs Guilty In Hennepin
Category:
State:
Multi-State
County:
Hennepin
Control #:
US-0018LTR
Format:
Word;
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FAQ
contest plea will result in a permanent criminal record for both types of offenses unless you successfully petition for expungement or an order of nondisclosure (sealing).
Pleading not guilty means you don't believe the prosecution can convict you beyond a reasonable doubt. Innocent means you didn't commit the crime.
No Admission of Guilt: The lack of an admission of guilt allows the defendant to maintain a certain level of denial regarding the crime in other legal or personal contexts, which can be crucial for their reputation.
A guilty plea is an affirmative admission of guilt. A no contest plea is not. Therefore if there are possible civil liability ramifications, such as responsibility for an auto accident, its better to plea no contest, if possible.
By maintaining a not guilty plea, you retain the leverage needed to negotiate a more favorable plea agreement. This could result in lesser charges, reduced sentences, or alternative sentencing options that might not be available if you initially plead guilty.
A plea of nolo contendre (latin for “I am unwilling to contest”) is a plea recognized in US law, but does not have any foundation in Canadian criminal law. It is prohibited by virtue of s. 606(1) which lists all valid pleas. A guilty plea that in substance amounts to a plea of nolo contendre will be invalid.
Pleading not guilty means that you say you didn't do the crime. Or that you did, but you had an excuse which the law recognises as a defence. The court will then have a trial to decide whether you're guilty. If the court decides that you are guilty, you'll be convicted. The court will decide what sentence to give you.
The American justice system is based on English common law. Nolo contendere, too, comes from this English legal foundation. This plea of “no contest” essentially worked the same way then that it does now: a defendant has the right to accept punishment without admitting guilt.
More info
A nocontest plea doesn't involve an admission of guilt. Instead, you're saying you won't contest the charges against you.When you plead no contest to charges, you are essentially doing the same thing as admitting guilt in the case. A plea of "no contest" implies only that the defendant has declined to present a defense, and would normally result in a conviction in the case. It means that you aren't contesting the charges against you. The results are usually the same as a guilty plea. A no contest plea is similar to a guilty plea. When you plead no contest, you technically admit that you are guilty of the crime being charged. Pleading "no contest" to a criminal charge means you do not admit fault. Neither are you trying to fight for your innocence in a criminal trial.
