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No Contest Vs Guilty In San Diego
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State:
Multi-State
County:
San Diego
Control #:
US-0018LTR
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Word;
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FAQ
Pleading no contest (sometimes called nolo contendere) in a California criminal proceeding means that the defendant agrees to accept a conviction for the crime(s). However, he or she does not admit to being factually guilty when entering the plea.
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.
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.
contest plea is a statement made by the defendant in a criminal case where they neither admit nor deny the charges against them but agree to accept punishment. Essentially, it's a way for the defendant to avoid admitting guilt while acknowledging that the prosecution has enough evidence to likely convict them.
Pleading no contest is the same as pleading guilty. Its beneficial to plead no contest when there is a potential civil claim against you also so it can't be held against you. Since this is just a simple speeding ticket with no accident, it will be the same outcome.
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).
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).
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.
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.
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INSTRUCTIONS: Fill out this form if you wish to plead guilty or no contest to the charges against you. Initial each applicable.A nocontest plea doesn't involve an admission of guilt. Instead, you're saying you won't contest the charges against you. In California, a no contest plea generally has the same legal effect as a guilty plea, but with one exception. The only significant difference between a guilty plea and a nolo (no contest) plea is the effect on a related civil issue. A no contest plea has the same legal effect as a guilty plea in a criminal court. Pleading "no contest" in California lets a defendant accept court punishment without admitting guilt, offering legal neutrality. A plea of 'No Contest' is almost identical to a Guilty plea. For felony offenses, a no-contest plea can still be treated as an admission of guilt in a related civil suit.
