A no contest plea is an option in many jurisdictions where the defendant agrees not to contest the charges in court. It is not a guilty plea and may result in a less severe punishment. It can also be used to avoid a costly civil suit or a lengthy public trial. An Alford plea is a guilty plea where the defendant still asserts their innocence.
From the Latin for “I do not wish to contend,” a nolo contendere or “no contest” plea is a legal option available in many jurisdictions. A no contest plea is not a guilty plea, just an agreement not to contest the charges in court. A defendant may have any number of reasons not to bring any charges, especially if a full public trial appears unwinnable or if the defendant faces a civil suit based on the same allegations. Such pleading may result in a less severe punishment, and since there is no admission of guilt, no confession constitutes proof.
If a defendant pleads “guilty,” the judge will force him to give full details of the crime, a process known as an allocution. The judge may also hold a private meeting called an interview to make sure the defendant understands all the ramifications of a guilty plea. If a defendant decides not to plead, however, he would not have to give such a detailed confession. If a defendant chooses not to file a plea, the court will generally enter a “not guilty” plea by default and set a trial.
One of the reasons a defendant in a criminal case may decide not to contest is the possibility of a costly civil suit at a later date. Involving nolo contending a relatively minor criminal charge, he or she could pay a fine, spend a minimal amount of time in jail, or perform community service. Only some general details of the criminal case could later be raised in a civil trial. If a public figure assaults a pushy tabloid reporter, for example, she can’t challenge simple assault charges at the criminal hearing and receive a relatively minor sentence. If the same reporter decided to sue the public figure for damages in a civil case, the defendant’s no-contest plea could not be construed as an admission of guilt, and there would be no detailed allocation to be entered as trial.
Another consideration would be the expense and humiliation of a lengthy public trial. A plea of ”not guilty” implies an affirmation of innocence; the accused claims that he did not commit the offense for which he has been charged. A “guilty” charge may help the defendant avoid public exposure of his criminal act during a trial, but it also commits the defendant to accepting the will of the court during sentencing. A no contest carries the same weight as a guilty plea, but the sanctioning stage is often more immediate and less harsh than a jury finding guilty. A defendant may also stay silent in order to spare others the stress of court appearances and potential testimony.
Quite often a defendant does not pursue any charges on the advice of his or her legal advisers. If a trial appears not to be won based on the evidence, or the potential sentence would be extremely harsh, a defense attorney can suggest a nolo-contest ground as a viable compromise.
Under certain conditions, a defendant can also file the so-called Alford plea. Unlike a no-contest plea, an Alford plea is a guilty plea, but the defendant still asserts his or her claims of innocence. The defendant is still considered convicted, but the plea conditions can be challenged during the appeals process. A defendant who decides not to appeal, on the other hand, does not necessarily assert his innocence or guilt, only acceptance of the court’s order.
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