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No Contest Vs Guilty In Maryland
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Multi-State
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US-0018LTR
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FAQ
This can be advantageous if a trial's outcome is uncertain or if a defendant doesn't want facts in the case to be aired out in public in a criminal proceeding. This can also be done by pleading guilty. However, a no contest plea cannot be used as evidence against a defendant in a civil lawsuit for the same act.
Sometimes people plead not guilty if there's a flaw in the evidence against them, or if there's a valid legal defense they wish to employ. Some may also want to test the evidence against them.
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.
Both misdemeanor and felony convictions remain on your record indefinitely. A no-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).
Both misdemeanor and felony convictions remain on your record indefinitely. A no-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).
Note that you do not always have the option of pleading no contest instead of pleading guilty. Sometimes prosecutors insist that you plead guilty as part of a plea bargain. And judges do not always have to accept no contest pleas. No contest pleas still result in a conviction.
The main difference between a no contest plea and a guilty plea involves civil court proceedings. When you plead no contest in a misdemeanor case, that plea cannot be used against you as an admission of guilt if a civil lawsuit arises from the same conduct on which the criminal prosecution was based.
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.
More info
It is important to understand that saying "no contest" is not the same as saying "not guilty. It means "I will not contest." It's essentially a hybrid between a guilty and not guilty plea. The most significant difference between pleading guilty and no contest is the admission of guilt associated with the charge. 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. Pleading no contest means you accept the conviction but avoid admitting guilt. Pleading "No Contest" is merely acknoweldging that the State has enough evidence to convict you without you pleading guilty. The main distinction between "no contest" and "guilty" comes down to whether you accept responsibility for the offense or if you don't appeal a conviction. A not guilty plea and a resulting PBJ are not the same as a nolo contendere or no contest plea.
