4Ī judge must also inform a defendant that by pleading no contest, he/she is waiving the same rights listed above.

ensure that the defendant is entering the plea knowingly and voluntarily (as opposed to being coerced or misled into doing so).

inform the defendant that a no contest plea will be considered the same as a guilty plea, and.

ensure that the accused completely understands the nature and consequences of the plea,.

3Īs with a guilty plea, a judge in a no contest case (in most jurisdictions) must: And they face the same jail or prison sentence that they would if they pleaded guilty. When defendants plead no contest, they are technically admitting that they are guilty of the crime being charged.

gain the benefit of being charged with a lesser offense.Ī no contest plea is similar to a guilty plea.

Note that in some cases, innocent parties plead guilty to certain crimes in order to: Once approved, the case proceeds to the sentencing phase of the criminal court process. Once the defendant acknowledges the above, the judge typically approves the plea and determines that it is fair.

confront and cross-examine the accuser.

Note that by pleading guilty, a defendant waives his/her right to:

the rights that he/she is waiving because of the plea.

the consequences of the plea (including the possible sentences that may result), and.

that a guilty plea means the accused acknowledges that he/she committed the crime(s) charged,.

the nature of the crime, or crimes, being charged,.

To accomplish these ends, a judge typically asks a defendant if he/she understands:

understands that he/she is giving up certain rights by entering a guilty plea.

is entering the plea “ knowingly and intelligently,” and.

In addition, the defendant must prove to the judge that he/she: The accused essentially testifies under oath that he/she understands the crime charged and acknowledges that he/she is guilty of committing it. 1Ī judge must hear this plea in court so that it becomes part of the court record. When a defendant pleads guilty, the party is telling the court that he/she committed the offense that is charged. What is a guilty plea in a criminal proceeding? The burden of proof is “ beyond a reasonable doubt.”Ī defendant typically enters a plea during his/her arraignment. The state, then, has the burden to prove that the accused is guilty of the offense during a criminal trial. When a defendant enters a plea of not guilty, the party informs the court that he/she is innocent of the criminal offense charged. “ Not guilty” is the third type of plea within the U.S.

A no contest plea is also referred to as “ nolo contendere.” In misdemeanor cases, however, that plea cannot be used against a defendant as an admission of guilt in certain civil proceedings. A guilty plea works to send a case to the sentencing phase of the court process without a jury trial.Ī plea of no contest is similar to a guilty plea in that an accused admits that he/she accepts a conviction for the charge. Pleading guilty means the defendant admits that he or she committed the crime, whereas pleading no contest means that an accused accepts the conviction but avoids a factual admission of guilt.Ī plea of guilty in a criminal court case is when a defendant admits that he/she committed the crime with which he/she is charged. But each can have different implications for a criminal defendant who pleads to a criminal charge. The terms “ guilty plea” and a “ no contest plea” are often used interchangeably.

'No contest' pleas are also called 'nolo contendere.'

Pleading not guilty