New York Agreement to Enter a Plea of Nolo Contendere

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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.

The New York Agreement to Enter a Plea of Solo Contender, also known as the New York Solo Contender Agreement, is a legal instrument used in the state of New York for defendants who wish to plead "no contest" or "solo contender" in criminal cases. This plea is unique because it allows defendants to neither admit nor deny guilt while still accepting the consequences of their actions. When a defendant enters a plea of Solo Contender, they neither admit nor deny the charges brought against them, but they accept that the court may treat them as guilty. This plea is often used when defendants don't want to admit guilt but understand that there is sufficient evidence to likely obtain a conviction. It is crucial to note that this plea is different from a guilty plea, as it does not legally admit the defendant's guilt. The primary purpose of the New York Agreement to Enter a Plea of Solo Contender is to provide defendants with an alternative plea option that minimizes potential consequences such as public admissions of guilt. By entering a Solo Contender plea, defendants are essentially stating that they will not contest the charges while avoiding the admission of guilt, which could be used against them in later civil cases. While the New York Agreement to Enter a Plea of Solo Contender is a general term used to describe this plea agreement, there may be variations or specific types of agreements depending on the circumstances. Some potential types of New York Solo Contender Agreements include: 1. General Solo Contender Agreement: This is the most common type of plea agreement, where the defendant agrees to plead solo contender to the charges brought against them. 2. Reduced Charges Solo Contender Agreement: In some cases, prosecutors may offer defendants the opportunity to plead solo contender to lesser charges than those initially faced. This agreement allows defendants to avoid more severe penalties associated with the original charges. 3. Sentence Bargain Solo Contender Agreement: This type of agreement occurs when a defendant reaches an agreement with the prosecution regarding the sentence they will receive after entering a plea of Solo Contender. It is often used to negotiate a reduced sentence in exchange for the plea. 4. Diversion Program Solo Contender Agreement: In certain cases where the defendant meets specific eligibility criteria, they may be offered the opportunity to enter a Solo Contender plea in exchange for participation in a diversion program. Successful completion of the program may result in charges being dropped or reduced. In summary, the New York Agreement to Enter a Plea of Solo Contender provides defendants with an alternative plea option that allows them to neither admit nor deny guilt while accepting the consequences of their actions. This plea can help individuals minimize potential repercussions and is available in various forms, including general solo contender agreements, reduced charges agreements, sentence bargains, and diversion program agreements.

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FAQ

U.S. Supreme Court After negotiations with the prosecutor, petitioner withdrew his previous not-guilty plea to two felony counts and pleaded guilty to a lesser included offense, the prosecutor having agreed to make no recommendation as to sentence.

New York, 404 U.S. 257 (1971), is a United States Supreme Court case in which the Court ruled that the sentence of the defendant should be vacated because the plea agreement specified that the prosecutor would not recommend a sentence, but the prosecutor breached the agreement by recommending the maximum sentence.

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.

Held: The interests of justice and proper recognition of the prosecution's duties in relation to promises made in connection with "plea bargaining" require that the judgment be vacated and that the case be remanded to the state courts for further consideration as to whether the circumstances require only that there be ...

In federal courts, such plea may be accepted as long as there is evidence that the defendant is actually guilty." The Alford guilty plea is "a plea of guilty containing a protestation of innocence".

After a defendant pleads guilty, however, the defendant has a due process right to enforce the plea agreement or to withdraw the plea if the prosecutor does not conform to the agreement. Santobello v. New York, 404 U.S. 257 (1971).

The primary benefit of plea bargaining for both the prosecution and the defense is that there is no risk of complete loss at trial.

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.

More info

(a) Entering a Plea. (1) In General. A defendant may plead not guilty, guilty, or (with the court's consent) nolo contendere. (2) Conditional Plea. This proposed rule, which deals with the admissibility of pleas of guilty or nolo contendere, offers to make such pleas, and statements made in connection with ...The court should not accept a plea of guilty or nolo contendere without first determining that the plea is voluntary. By inquiry of the prosecuting attorney, ... by TC Hayden Jr · Cited by 9 — Generally speaking, the plea of nolo contendere is an implied confession which admits the facts charged in the indictment and thus is similar to a guilty plea. by NB LENVIN · Cited by 83 — 1919) (By statute the New Jersey courts may accept a plea of nolo contendere to an indictment for first degree murder; if accepted, the charge is automatically ... 1 Apr 2022 — (6) Sentencing​​ After acceptance of a plea of guilty or nolo contendere or an admission, the judge shall sentence the defendant. Opposing offers to plead nolo contendere;; Entering into non-prosecution agreements in return for cooperation; and; Participating in sentencing. Comment. Under ... by E Brand · 1976 · Cited by 2 — agreement that, upon the entering of a plea of guilty or nolo contendere to a charged offense or to a lesser or related offense, the attorney for the ... ing an agreement that, upon the entering of a plea of guilty or nolo contendere to a charged offense or to a lesser or related offense, the attorney for the ... by C Miller · 2006 · Cited by 11 — [N]o court to my knowledge has ever held a plea of nolo contendere to be preclusive, at least in the absence of an explicit statutory provision.

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New York Agreement to Enter a Plea of Nolo Contendere