Frequently Asked Questions About No Contest Pleas

Posted on June 6, 2022 by admin

Although a No Contest plea is a common alternative to a guilty or not guilty plea, it may or may not be the right choice for your criminal case. Continue below to learn what you need to know by reviewing these frequently asked questions about no contest pleas in Indiana.

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FAQS About No Contest Pleas

What is a No Contest Plea?

“No Contest”, or nolo contendere in legalese, literally translates to, “I do not wish to contend.” A No Contest plea is used as an alternative to pleading guilty or not guilty. Essentially, when a defendant chooses to plead no contest, they are neither admitting nor disputing the charges against them. Although a defendant does not admit guilt, the plea will elicit a criminal conviction in court. Accordingly, a No Contest plea is essentially the same as a guilty plea.

Many people confuse No Contest pleas to “Alford” pleas. Although nolo contendere pleas are similar to Alford pleas in that both do not admit guilt, they still accept the punishment under a guilty conviction. Under an Alford plea, a defendant is saying they are innocent, but will accept the guilty conviction and subsequent penalties. Under a nolo contendere plea, a defendant is not admitting guilt nor claiming to be innocent.

What are the Pros and Cons of Using a No Contest Plea?

There are many noted advantages of pleading no contest in a criminal case. As for benefits, nolo contendere pleas are wise in criminal cases that might also result in civil action. If a civil lawsuit were to arise, the defendant’s guilty conviction upon pleading no contest cannot be used as evidence against them. Additional benefits of a nolo contendere plea include:

▷ Lower Attorney Fees and Court Costs
▷ Shorter Trial Process
▷ Publicity/Reputation Protection
▷ Potential for Lighter Sentences
▷ Stopping Further Investigation

On the other hand, there are also some critical disadvantages of pleading no contest. First and foremost, a No Contest plea is essentially a guilty plea because it renders a guilty conviction and subsequent sentence. Basically, defendants are punished just as they would be had they entered a guilty plea. Additional disadvantages of No Contest pleas include having a conviction on your permanent.

How Do I Plead No Contest to My Criminal Charges?

Courts must grant approval before a defendant can enter a nolo contendere plea. So, your first step to determining your eligibility for pleading no contest would be to hire a criminal defense lawyer. They can arrange all the motions and paperwork asking the courts for permission to enter a No Contest plea. Some defendants will be denied.

Should I Plead No Contest to a Minor Charge?

Although they are a type of guilty plea, pleading no contest can be beneficial for you when facing minor criminal charges, especially if the prosecution is offering it in a plea deal. Most often, plea deals are used to negotiate, which is why they are also called plea bargains. Prosecution will offer a reduced charge or sentence in return for the defendant’s guilty plea, or in this case, a No Contest plea.

Do I Need a Lawyer if I Am Going to Plead No Contest?

It is important to discuss your plea options with your defense lawyer. Hopefully you choose to hire a private criminal attorney in Indianapolis, as public defenders are overloaded with cases and cannot put much time or focus on a defendant’s case like a private lawyer can. If you want the best possible outcome to your criminal case, you will need private, personal defense.

With your lawyer, you can decide which plea is the best fit for your criminal circumstance. Each case is different, and everyone’s criminal history is different, so your best options will differ from the defendant down the street. In fact, you cannot just choose a no contest plea; in most states, defendants require permission from the courts first.

Are you ready to fight your Indiana criminal charges and potential avoid having to enter a plea altogether? Contact Attorney David E. Lewis at 317-636-7514 to schedule a free initial consultation with a seasoned Indianapolis IN criminal defense lawyer you can trust. We also represent defendants charged in Indiana but who live in another state.

Should I Plead No Contest if My Criminal Charge is Minor?

Posted on January 12, 2022 by admin

When facing criminal charges, minor or major, you will be required to make some serious decisions. Perhaps the most important decision you make is whether to hire a private criminal defense lawyer or accept a public defender to represent your case. Following your decision on legal defense, you will be expected to make many more. But the most important one at this point in the criminal process will be your final plea. Guilty and Not Guilty are pretty straightforward, but a no contest plea is a different plea approach that may be the best option for your case.

Continue reading to learn more about no contest pleas, how they differ from similar guilty pleas, and when you might benefit from it.

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A No Contest Plea is a Type of Guilty Plea

If you choose a no contest plea, it means that you are maintaining your innocence, while neither admitting to nor disputing the criminal charges. Also referred to as, nolo contendere, the phrase literally translates to “I do not wish to contend;” contend meaning to argue, resist, oppose, or challenge.

No contest pleas are similar to Alford pleas in that both do not admit guilt, but still accept the punishment under a guilty conviction. Under an Alford plea, a defendant is saying they are innocent, but will accept the guilty conviction and subsequent penalties. Under a no contest plea, a defendant is not admitting guilt nor claiming to be innocent.

Basically, a nolo contendere plea is an accepted alternative to pleading guilty or not guilty, both of which can render a separate risk of penalty. So, when would one use the no contest plea? The answer is complicated.

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Potential Advantages of Pleading No Contest

In most cases, no contest pleas are worked into a plea deal offered by the prosecution. It is rare for a defendant to opt for a no contest plea on their own accord. Not only are they complicated pleas frequently misunderstood, but most defendants want to plea not guilty. And a no contest plea is essentially a guilty plea.

Although they are a type of guilty plea, pleading no contest can be beneficial for you when facing criminal charges, especially if the prosecution is offering it in a plea deal. Most often, plea deals are used to bargain, which is why they are also called plea bargains. Prosecution will offer a reduced charge or sentence in return for the defendant’s guilty plea, or in this case, a no contest plea.

The upside to this is that you can avoid jail time, save money on attorney and court fees, and protect your future liberties. You see, a no contest plea is a guilty plea, but it is not you admitting the guilt, so you are better protected down the line if a third-party wants to sue you in civil court. A no contest plea cannot be used in civil court as evidence of guilt.

Are you still unsure what you should do about your pending criminal charges? Contact Attorney David E. Lewis at 317-636-7514 to speak with a seasoned criminal defense lawyer in Indianapolis, Indiana. Our legal team can help you obtain the best possible outcome to your criminal matters!

The Pros and Cons of a No Contest Plea

Posted on March 6, 2020 by admin

A no contest plea is also known as nolo contendere, which translates loosely to, “I do not wish to contend.” When a defendant uses the no contest plea, they are not admitting fault, but they are also not disputing the charges either. Although this type of plea is an alternative to guilty or not guilty, courts will still convict and sentence someone following this plea. When it comes to no contest pleas, there are several advantages and disadvantages involved. For this reason, it is wise to educate yourself on the terms of a no contest plea before making one.

Continue reading to learn the pros and cons of a no contest plea to make the best decision for yourself prior to trial.

Pros of a No Contest Plea

Not all states allow nolo contendere, so if yours does, you are already at an advantage. Furthermore, most cases of no contest pleas require preliminary permission from the courts; so, if you are permitted to make this type of plea, you are also in luck.

Another major benefit to a no contest plea is civil liability. Once a defendant pleads no contest, they are convicted and sentenced criminally, but their plea cannot be used as evidence of guilt later on if they face civil action by any victims of their crime.

Pleading no contest saves money on attorney fees and court costs since trail time is shortened. The more you must appear for trial, and the longer you fight a charge, the more money you are going to spend. No contest pleas reduce time and cost.

Furthermore, pleading no contest also takes a person out of the spotlight faster if they are in it, such as the case with local celebrities like news reporters, restaurant owners, and CEO’s. No contest pleas shorten the process and can let a person move on.

It is possible to receive a lighter sentence when pleading no contest, as compared to pleading guilty, going to trial, and being convicted. Generally, defendants are given lesser punishment following a no contest plea deal.

Cons of a No Contest Plea

Although there are several advantages of pleading no contest, there are always two sides to a story. No contest pleas can also render unpleasant outcomes. One of the most well-known disadvantages of pleading no contest is the fact that a defendant will be convicted, sentenced, subjected to penalties, and have a permanent criminal record. Additionally, a no contest plea can be used later on as an aggravated factor if the defendant is criminally charged again. Aggravated factors will increase the severity of punishment for a defendant.

Get Trusted Legal Advice For Your Indiana Criminal Charges

Call 317-636-7514 to schedule a consultation with aggressive criminal defense attorney, David E. Lewis regarding your felony crimes. He will stop at nothing to protect your rights and preserve your freedoms after being charged with invasion of privacy in Indianapolis. With decades of hands-on experience, you can trust Attorney David E. Lewis to build you a strong and impactful defense against your criminal charges.

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What is a No-Contest Plea?

Posted on October 18, 2017 by admin

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When it comes to criminal cases, most of them end with a defendant accepting a plea bargain. This means instead of going to trial, a defendant pleads “guilty” to their criminal charges in exchange for an “incentive” from prosecution. Typically, this incentive involves recommending the judge to impose a lighter conviction or sentence, or even both. If a defendant denies a plea bargain and chooses to go to trial, they risk losing and being sentenced to the maximum punishment for their charges. The reason why many defendants accept guilt and choose a plea bargain is to avoid this risk altogether.

But not all cases end in plea bargains. There is something in the criminal justice world called a “nolo contendere” plea, which is a Latin phrase meaning, “I do not wish to contend.” This plea is more known as a “no contest” plea, and generally appeals to those who wish to avoid admission of fault in a civil or criminal case. And sometimes, prosecutors and judges are willing to accept this type of plea in particular circumstances.

Nolo Contendere

A “no contest” plea is essentially the same as a guilty plea since it comes with the same consequences. The only real difference is that the defendant is not admitting fault, but still accepting the conviction and subsequent penalties. The only benefit from a nolo contendere plea in a criminal case is personal integrity and satisfaction, and nothing else. However, in a civil case, no-contest pleas are beneficial for those who insist they are innocent of all allegations even though they cannot beat the evidence against them. Here is an example:

Tim and Richard are patrons at the local baseball game. They get into a physical altercation that ends with Richard striking Tim in the face, giving Tim a broken nose. The police are called to the scene and later on, Richard is prosecuted by the state for criminal assault. Separately, Tim hires a personal injury lawyer to file a third party civil suit against Richard to recover compensation for his losses and damages as a result of the broken nose. Since Richard is facing both criminal and civil cases, his lawyer would insist on allowing a no-contest plea for the criminal charge, so that Richard could evade liability in the civil lawsuit.

Defendants are not given the choice or right to enter a no-contest plea. It is up to the discretion of the judge to permit this type of non-admittance. And it is not a common allowance in criminal court. The laws surrounding nolo contendere pleas vary from state to state. If you have questions regarding plea deals in criminal cases, talk to your Indianapolis criminal defense attorney for details pertaining to your specific jurisdiction.

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