Michigan Agreement to Enter a Plea of Nolo Contendere

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US-01274BG
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Description

In order that the issues may be framed for trial, the defendant must plead to the pleading of the prosecutor which has accused the defendant of certain crimes. If the defendant refuses to plead, a plea of not guilty will be entered for him. Nolo contendere is a Latin term meaning "I will not contest" the charges, which is a plea made by a defendant to a criminal charge, allowing the judge to then find him/her guilty. It has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.


Since the practice in criminal prosecutions is not uniform throughout the United States, local statutes and court rules should be considered in connection with use of this form.

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FAQ

No contest pleas are sometimes called nolo contendere pleas. The main advantage of no contest pleas is that they cannot be used against the defendant in a related civil case as an admission of liability.

Avoiding a public admission of guilt: One of the most significant advantages of a no-contest plea is that it allows you to avoid making a public admission of guilt. This can be beneficial when you do not want to risk being found guilty by a judge or jury and don't want to admit guilt.

Pleading no contest or nolo contendere is similar to a guilty plea, in the sense that you accept the conviction for the criminal charge. In the case of misdemeanor charges, the no contest or nolo plea can not be used against you as an admission of guilt in civil proceedings.

In a criminal proceeding, a defendant may enter a plea of nolo contendere, in which the defendant does not accept or deny responsibility for the charges but waives the right to a trial and agrees to accept the penalty.

Per MCL 767.37, a court may accept a plea of nolo contendere (no contest) and if such a plea is accepted, the court shall proceed as if the defendant had pleaded guilty.? MCL 767.37.

The Rule 11 plea agreement, which is a written deal entered into between the defendant and the government, will detail completely each term of the agreement entered into between the defendant and the government. The deal must be reviewed and approved by the U.S District Court judge presiding over the case.

One of the most well-known disadvantages of pleading no contest is the fact that a defendant will be convicted, sentenced, subjected to penalties, and have a permanent criminal record. Additionally, a no contest plea can be used later on as an aggravated factor if the defendant is criminally charged again.

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Michigan Agreement to Enter a Plea of Nolo Contendere