Taking a plea in a criminal case is critical in determining the route a case takes. You can take three main types of pleas when facing criminal charges: guilty, not guilty and no contest.
Understanding no-contest pleas can be tough. To know more about the subject, folks should consider reaching out to Platinum Criminal Defense Lawyer David Benowitz. A lawyer can help you streamline things and make informed decisions. This guide focuses on a no-contest plea from its definition, when it is applied, and what it could mean for you if you take on a Washington, DC criminal case.
Understanding a No-Contest Case
As the name suggests, a no-contest plea means the plaintiff does not contest the charges against them or that they accept the conviction for the offense but do not admit guilt.
By pleading guilty, you admit to committing the offense in question. However, by taking a no-contest plea, you agree to take the punishment for the charges brought against you without admitting to committing the offense in question.
Taking a no-contest plea does not reduce the severity of the sentence you receive on conviction. Also, it doesn’t mean you do not get a criminal record. As such, taking that route is not a good idea unless guided by your lawyer.
In most cases, defendants will take a no-contest plea as part of a plea bargain. For example, your lawyer can negotiate a deal that involves you taking a no-contest plea for reduced sentences if they feel it’s the best outcome for your case.
What Is Required to Take a No-Contest Plea
You can only take a no-contest plea if it is an option in your case. In some cases, the prosecution may not present a no-contest plea as an option in a plea deal. There are also cases where the judge may not accept the plea.
Before a defendant can take a no-contest plea, the judge must confirm that they truly understand what it means to take the plea and that the consequences may be similar to pleading guilty. Also, they must confirm that the defendant has entered the plea willingly and without coercion.
What It Means to a Civil Case
The difference between pleading no contest and guilty becomes prominent if the defendant faces civil lawsuits based on the same actions. For example, if a plaintiff files a personal injury lawsuit against a defendant for an assault.
If the defendant pleaded no-contest, the plaintiff cannot point to the no-contest plea as an admission of guilt in the civil case. However, this rule has some exemptions, so you may want to talk to your lawyer to understand what it means in your situation.
Is Pleading No Contest Better Than Pleading Guilty?
Whether pleading no contest is better than pleading guilty depends on the circumstances of your case, so there cannot be a general yes or no answer. As mentioned earlier, it is advantageous when a defendant faces civil lawsuits for the same actions. In such cases, taking a no-contest plea can work in your favor. The same is true if it is part of a plea deal.
You have to remember that pleading no contest is subject to whether it is an option in your case, and the judge has a right to reject it if they believe it will put the complainant at a disadvantage.
In such cases, your criminal defense lawyer can guide you to the second-best option, which can be pleading not guilty and going through the time-consuming and costly trial process, or pleading guilty, which is an admission to committing the offense.
Conclusion
A no-contest plea can impact your criminal and civil cases in unexpected ways. It’s not always the best route, but in the right situation, it can offer strategic advantages. The key is understanding when and how to use it. Talking with a skilled criminal defense lawyer like David Benowitz ensures you make informed decisions that protect your rights and future.
