This form is a sample letter in Word format covering the subject matter of the title of the form.
No Contest Vs Guilty In Miami-Dade
Category:
State:
Multi-State
County:
Miami-Dade
Control #:
US-0018LTR
Format:
Word;
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FAQ
You admit to the allegation. No contest means that you do not admit to actually committing the allegation, you merely admit that the State can produce sufficient evidence for you to be found guilty. In general, no contest is the better way to go, but it probably wouldn't make much difference in your situation.
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).
Not Guilty You can later decide to change your plea to guilty or no contest if you wish. If you plead not guilty you will have a pretrial conference to try to settle your case. There is no penalty for pleading not guilty. Your sentence will not be more severe or less severe based merely on how you plead.
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).
Pleading guilty means you admit that you committed the crime. Pleading no contest (“nolo contendere”) means accepting the conviction but avoiding a factual admission of guilt.
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.
A defendant may, however, also enter a plea of nolo contendere or “no contest.” Such pleas are permitted under Florida law, provided the trial judge agrees to accept it.
A no contest plea means just what it says: The defendant has decided not to contest the state's charges against them. While this is not the same as pleading “guilty,” it essentially has the same effect. The trial court will enter a judgment against the defendant and impose a sentence.
Adjudication withheld will stay on the criminal record forever unless you have it sealed. However, Florida record-sealing is only allowed for some offenses. You cannot seal records involving manslaughter, kidnapping, domestic violence, sexual offenses, aggravated assault, and burglary, among other offenses.
More info
When you plead no contest, you accept the charges, similarly through a guilty plea. When a defendant pleads no contest, they lose the opportunity to be found not guilty at trial.A person who enters a no contest plea will be sentenced for the crime just as if they had admitted guilt. On the other hand, a no contest plea is a bit more complicated. The person who enters this plea is not admitting that they are guilty. If you want to plead not-guilty at pre-trial, a trial will be set in about 6 weeks where you can present any evidence you wish. By pleading No Contest, you admit the facts, but not that you are Guilty. My criminal defense lawyer tells me that I should accept the State's plea deal to avoid jail time. Children under the age of 18 who have been arrested or charged with a crime are first sent to juvenile court. When a Plea Can Be Withdrawn.
