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.

Call David E. Lewis, Attorney at Law, at 317-636-7514 for criminal defense in Indiana you can trust. Free initial consultations are waiting for you!