Also known as: nolo pleas · nolo contendere plea · nolo contendere · no contest plea · no-contest plea
Written by attorneys · grounded in primary & secondary sources — see below
A plea in criminal proceedings by which the defendant neither admits nor contests the charges. The plea carries the same sentencing consequences as a guilty plea but creates no admission usable against the defendant in later civil or criminal cases.
Natalie Norris entered a nolo contendere plea to federal export control charges after prosecutors accused her of sending design files abroad. Her former employer later sued her in federal court for trade secret misappropriation and attempted to introduce the plea as proof that she had committed the violations. The court excluded the plea because it could not be offered against the defendant who entered it.
Nikhil Narayan and four co-defendants faced misdemeanor charges arising from the same protest. Their lawyer presented a package offer requiring every client to plead guilty or nolo contendere or the deal would be withdrawn for all. The lawyer obtained signed consent forms after a single group meeting but failed to explain how each client's choice would bind the others.
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Noah Nakamura was arrested in one district while an indictment for subsidy misuse remained pending in another. He filed a written statement requesting to plead nolo contendere and to have the case resolved where he was held. One United States Attorney approved the transfer in writing while the other refused, so the court denied the motion.
Nora Nash entered a nolo contendere plea to criminal health code violations after a foodborne illness outbreak at her restaurant. Injured patrons later sued her for negligence and sought to introduce the plea to prove she had operated unsafely. The court excluded the evidence because a nolo contendere plea is not admissible against the defendant in a subsequent civil action.
Natasha Nielsen faced a capital charge and initially rejected every plea offer. After learning that a co-defendant would receive a life sentence only if Nielsen also pleaded, she entered a nolo contendere plea. The court accepted the plea after confirming that Nielsen understood the rights she waived and that no improper threats had induced her decision.
Nina Nielsen agreed in writing before plea discussions that any statements she made could be used against her at trial if negotiations failed. She later made incriminating statements during those discussions and the government sought to introduce them after talks collapsed. The court enforced the waiver and admitted the statements.
No. The evidence rules bar use of a nolo contendere plea against the defendant who entered it in any subsequent civil or criminal case. The protection applies even when a private litigant offers the plea to prove the underlying conduct.
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No. A nolo contendere plea does not constitute an admission of the underlying facts. Courts therefore treat it differently from a guilty plea and refuse to give it preclusive effect in subsequent litigation.
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No. When representing two or more clients, a lawyer may not participate in an aggregated agreement as to nolo contendere pleas unless each client gives informed consent in a signed writing that discloses the existence and nature of all pleas and each person's participation.
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No. The hearsay exception for judgments of conviction expressly excludes judgments entered on nolo contendere pleas. Only convictions after trial or guilty pleas qualify for admission to prove essential facts.
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No. Once the court imposes sentence, a defendant may not withdraw a nolo contendere plea. The plea may be challenged only on direct appeal or through collateral attack.
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…the Texas Constitution. Tex. Const., Art. 1, § 3a. Those contentions were rejected. The petitioners, having entered a plea of nolo contendere , were each fined $200 and assessed court costs of $141.25. App. to Pet. for Cert. 107a-110a. The Court of Appeals for the Texas Fourteenth District considered the petitioners' federal…