Criminal procedure
Nolo Contendere
Nolo contendere, or no contest, is a plea in which the defendant does not admit guilt but accepts the conviction and punishment.
Its practical value is in other cases. Because there is no admission, a nolo plea generally cannot be used as an admission of liability in a later civil lawsuit arising from the same conduct.
In federal court it is rare and discretionary. The court may accept it only after considering the parties' views and the public interest, and many judges simply decline.
Alford pleas are a different creature sometimes confused with it. There, the defendant pleads guilty while maintaining innocence because the evidence is overwhelming, and the conviction carries the ordinary consequences of a guilty plea. Sentencing proceeds exactly as it would after a guilty plea, so the practical benefit is limited to the collateral consequences in a parallel civil case rather than to anything the criminal court will do.
How it appears on a docket
MINUTE ENTRY: Defendant's motion to enter a plea of nolo contendere is DENIED; the court will accept a plea of guilty or proceed to trial.
Governing rule
Fed. R. Crim. P. 11(a)(1), (a)(3)
Related terms
- Change of Plea Hearing — A change of plea hearing is the proceeding where a defendant who pleaded not guilty formally pleads guilty on the record.
- Plea Agreement — A plea agreement is a written deal in which the defendant pleads guilty in exchange for concessions from the prosecutor, such as dropped counts or a sentencing recommendation.
More on criminal procedure
See this term in a real case
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