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Nolo contendere is a plea in which a defendant accepts the consequences of a crime without admitting guilt. It can result in fines, jail time, and other punishments. The advantage is that it can avoid civil liability in a lawsuit. The decision to enter a nolo contendere plea is made during plea bargaining, and it is not offered in all cases. Prosecutors may be reluctant to allow it if they feel they can get a strong conviction by taking the case to court.
The Latin phrase nolo contendere, sometimes misspelled as nolo contendere, means “I do not contest” and can be entered as a plea when someone responds to criminal charges. This plea is not an admission of guilt, but it does allow the court to impose a sentence. The other option is a guilty plea, which accepts responsibility for the charges, or a not guilty plea, which indicates your intention to fight the charges in court. Usually, the legal system limits the circumstances in which people can file a charter plea. If this is an option, people can discuss it with their lawyers.
When this plea is presented, people accept the consequences of a crime, but they don’t make an admission of guilt. A nolo contendere claim can result in fines, jail time, and other punishments. In the eyes of the justice system, the defendant has not admitted guilt or liability. In terms of punishment, entering this reason has the same effect as pleading guilty.
The advantage of invoking nolo contendre is to avoid civil liability in a lawsuit. If someone has not admitted wrongdoing, that person cannot be brought before the civil court on the basis of the plea in the criminal case. This makes it more difficult to recover damages from someone accused of a crime while providing legal protection from a large settlement. Victims can file a nolo contende plea, as it limits their ability to pursue the matter in civil proceedings if they wish to recover damages.
Usually, the decision to enter a nolo conteste is made as part of the plea bargaining stage of a case. The prosecution and defense meet to discuss allowing the defendant to file a plea before the trial begins, receiving a sentence without going to trial. This cuts down on time in court. A plea agreement may allow someone to negotiate a less severe conviction or sentence, such as in the case of a situation where the prosecution agrees to a nolo contendere plea.
Plea deals are not offered in all cases. The defense can apply to the prosecution to request a negotiation and receive a negative answer. Prosecutors may be reluctant to allow people to plead if they feel they can get a strong conviction by taking the case to court. There may also be political concerns. A prosecutor doesn’t want the public, including criminals, to get the impression that they are weak in certain types of crime or that they are willing to cut a settlement in all cases.
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