New Hampshire Agreement to Enter a Plea of Nolo Contendere

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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

Some states do not allow defendants to ask the court's permission to plead nolo contendere. In federal cases, the Rules of Federal Criminal Procedure allow such pleas, with the court's permission. In all cases, the court must determine whether to allow the plea.

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.

Thus, a person who enters a no contest plea will be sentenced for the crime just as if they had admitted guilt. And, a nolo contendere plea to the charge of DUI will always result in a criminal conviction. Given that the results of a no contest and guilty plea are the same one may wonder why such an option exists.

? A plea of nolo contendere may be accepted in any criminal case, and when such a plea is accepted, the court or justice may enter a finding of guilty upon such plea. Evidence of a plea of nolo contendere or of the finding entered thereon shall not be admissible in any civil action against the defendant.

A no contest plea or ?nolo contendre? plea does simply mean that you do not wish to contest the charges against you. Technically, it is not an admission of guilt. However, depending on the type of plea bargain or sentence being imposed, a no contest can be the equivalent of a guilty plea.

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.

In the Commonwealth countries ? such as England and Wales, Scotland, Canada, and Australia ? the plea of nolo contendere is not permitted. The defendant must enter a plea of "guilty" or "not guilty". If a defendant refuses to enter a plea, the court will record a plea of "not guilty".

Pleading guilty means you admit that you committed the crime. Pleading no contest (?nolo contendere?) means that you accept the conviction but avoid a factual admission of guilt.

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New Hampshire Agreement to Enter a Plea of Nolo Contendere