Cuyahoga Ohio Agreement to Enter a Plea of Nolo Contendere

Name: Cuyahoga Ohio Agreement to Enter a Plea of Nolo Contendere
Brand: US Legal Forms
Rating: 4.88 (218 reviews)

Category:

Criminal - Plea Agreements

State:

Multi-State

County:

Cuyahoga

Control #:

US-01274BG

Format:

Instant download

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

A plea to a misdemeanor offense of "no contest" or words of similar import shall constitute an admission of the truth of the facts alleged in the complaint and that the judge or magistrate may make a finding of guilty or not guilty from the explanation of the circumstances of the offense.

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 agrees to accept punishment. The plea differs from a guilty plea because a "no contest" plea cannot be used against the defendant in another cause of action.

Pernell (1976), 47 Ohio App. 2d 261 -- (1) When a no contest plea is entered, the state is not required to prove each element of the offense beyond a reasonable doubt. (2) A no contest plea allows the court to find the defendant guilty, but unlike a guilty plea, is not a complete admission of guilt.

Benefits of nolo contendere pleas By pleading no contest in a criminal action, the defendant gains another benefitnamely that he or she avoids having a guilty plea used against them in another cause of action, such as a civil suit for damages.

Definition of nolo contendere : a plea in a criminal prosecution that without admitting guilt subjects the defendant to conviction but does not preclude denying the truth of the charges in a collateral proceeding.

So, a No Contest Plea will be best for a defendant who is resolving a case that could lead to a lawsuit, such as battery. A Not Guilty Plea will not ultimately lead to a trial, so you have to be confident in your position if you decide to make this choice.

A plea of no contest is similar to a guilty plea in that an accused admits that he/she accepts a conviction for the charge. In misdemeanor cases, however, that plea cannot be used against a defendant as an admission of guilt in certain civil proceedings. A no contest plea is also referred to as nolo contendere.

Guilty Pleas. A nolo contendere plea is quite different than a guilty plea as it avoids the possibility of being immediately found guilty in a civil suit. The way that a nolo contendere plea works is it allows you to accept your punishment without admitting guilt that could put you at a disadvantage in a civil suit.

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Agree to give up the right to a jury trial, you can have a trial in front of a judge instead of a jury. You will face the same sentence as if you entered a regular guilty plea, but it does not go on your record.Them in his or her court" or bind them over to the common pleas court for felony'" trial. A "no contest" or nolo contendere plea, in essence, says to the court, "I don't choose to contest the charges against me. (A) the judgment was entered after a trial or guilty plea, but not a nolo contendere plea;.

Cuyahoga Ohio Agreement to Enter a Plea of Nolo Contendere

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