Suffolk New York Agreement to Enter a Plea of Nolo Contendere

State:
Multi-State
County:
Suffolk
Control #:
US-01274BG
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Word; 
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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

Discusses the three main areas of negotiations involving plea bargains:charge bargaining,sentence bargaining, and fact bargaining.

Who decides what plea will be entered? The Defendant alone is the one who decides which plea to enter, regardless of what his counsel recommends.

The main reason someone would plead nolo contendere would be to avoid being responsible for damages in a related civil case. For example: Dominick and Eugene get into a fight over a girl, during which Dominick punches Eugene in the face, breaking Eugene's nose.

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.

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.

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.

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.

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.

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Suffolk New York Agreement to Enter a Plea of Nolo Contendere