Also known as: nolo contendere · nolo contendere plea · no contest plea · no contest · nolo plea
Written by attorneys · grounded in primary & secondary sources — see below
A form of plea in criminal proceedings by which the defendant neither admits nor denies the charges but submits to conviction and punishment. The court must consent after weighing the parties' views and the public interest in the effective administration of justice. The plea produces the same sentencing consequences as a guilty plea yet does not constitute an admission usable against the defendant in later civil or criminal proceedings.
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Patricia Patel faces federal fraud charges and enters a nolo contendere plea with court consent. In a later civil enforcement action by regulators, the government attempts to introduce the plea as proof of her conduct. The court excludes the evidence because the nolo plea supplies no factual admission that can be used against her.
Sophie represents five protestors charged with misdemeanors and receives a package offer requiring every client to plead guilty or nolo contendere or the deal collapses. She gathers the clients in a holding cell, explains the all-or-nothing structure, and obtains signed consent forms. Preston later challenges the arrangement because the rushed group process failed to disclose how his unique immigration risks interacted with the others' decisions.
Captain Lars Jensen is indicted in New York and arrested in Puerto Rico. He files a written statement in Puerto Rico requesting to plead nolo contendere and waiving trial in New York. The New York prosecutor sends written approval, but the Puerto Rico prosecutor gives only an oral assurance. The court denies transfer because both United States attorneys must supply written consent before the case can move.
An adviser enters a nolo contendere plea to securities fraud. In a subsequent civil suit by investors, the plaintiffs offer the resulting conviction to prove the underlying misrepresentations. The court excludes the judgment because a nolo contendere plea does not qualify as a conviction usable to establish essential facts under the hearsay exception.
Brady faces a capital charge and, after consulting counsel, elects to enter a nolo contendere plea to avoid the death penalty. He later claims the plea was involuntary because of the sentencing risk. The court upholds the plea because the record shows it was knowing and voluntary when made.
Mezzanatto enters plea discussions and agrees that any statements made during negotiations may be used for impeachment. After the talks fail he stands trial and the government offers his earlier statements. The court admits the statements because the defendant may waive the usual exclusionary protection for plea discussions.
A defendant may enter a plea of not guilty, guilty, or nolo contendere with the court's consent. If the defendant refuses to plead, the court enters a not guilty plea on the defendant's behalf. The nolo contendere option requires the judge to consider the public interest before acceptance.
Evidence of the nolo contendere plea itself is inadmissible against the defendant in subsequent civil or criminal cases. A resulting conviction also cannot be offered under the hearsay exception for judgments of conviction because the rule excludes nolo pleas from that exception.
…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…
…and aggravation of punishment, including the record of any prior criminal convictions and pleas of guilty or plea
…pleaded guilty, Rule 11 read as follows: “A defendant may plea
…see Pet. for Cert. 10-11), approximately 92.2% of the convictions in the Ninth Circuit were secured through plea
…Judgment of previous conviction.— Evidence of a final judgment, entered after a trial or upon a plea
The lawyer must obtain informed consent in a signed writing from each client after disclosing the existence and nature of all pleas involved and the participation of every person. The disclosure must explain how one client's decision affects the others under the aggregate deal.
Termination of a proceeding by a nolo contendere plea is not itself determinative that the director failed to meet the standard of conduct. Indemnification remains unavailable for liability in a derivative action unless the director satisfies the good-faith and reasonable-belief requirements and the court orders payment of expenses.