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No Contest Vs Guilty In Phoenix
Category:
State:
Multi-State
City:
Phoenix
Control #:
US-0018LTR
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Word;
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FAQ
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).
A plea of no contest may be accepted only after the court gives due consideration to the parties' views and to the interest of the public in the effective administration of justice.
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.
The motion to withdraw a plea can be done at the discretion of the judge. This motion can typically be filed before the sentencing hearing if you are able to obtain legal representation in time.
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.
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.
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.
If a judge has not yet accepted a guilty plea, the defendant likely can withdraw the plea. They also may be able to withdraw a plea if the judge has not yet sentenced them. However, a defendant may face difficulties in withdrawing a plea once the judge has sentenced them.
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.
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"No Contest" – This plea is less often used. In effect, the end result is similar to accepting a guilty plea, but without actually admitting guilt.A plea of nocontest will lead to a criminal conviction, just as a guilty plea would. However, an admission of guilt can be used against you in a civil case. When an accused pleads no contest, he or she accepts the conviction but does not admit guilt. A guilty plea is equivalent to a no contest plea. The terms guilty plea and a no-contest plea are often used interchangeably. Submitting a nocontest plea will have almost the same effect as entering a guilty plea, without you admitting guilt. The advantage of doing one in CA anyway is that a no contest plea cannot be used against you in civil proceedings whereas a guilty plea can. When a defendant pleads no contest, they are not admitting fault.
