Guilty pleas settle lots of cases, but not all. Sometimes prosecutors and judges agree to accept pleas of “nolo contendere,” also called a plea of no contest. (Nolo contendere is Latin for “I do not wish to contend” or “no contest.”)
A plea of nolo contendere or no contest is similar to a guilty plea in that it has the same result—a conviction. Basically, the defendant doesn’t admit guilt but acknowledges that the prosecutor has enough evidence to get a conviction and accepts the punishment. Defendants often use a nolo contendere plea when the criminal case forms the basis for a civil lawsuit.
What Does It Mean to Plead No Contest or Nolo Contendere?
A nolo contendere plea has the same basic effect as a guilty plea: The defendant is convicted and accepts the punishment. This special plea doesn’t result in any lesser criminal penalties. But, by pleading “no contest,” the accused doesn’t actually admit guilt. So while a plea of nolo contendere or no contest similarly ends the case and results in a conviction, by not contesting the charges, the defendant doesn't formally admit guilt. Rather, the defendant admits the case looks bad for them. Why does this matter?
Guilty Plea vs. Nolo Contendere Plea
Aside from some potential personal satisfaction, a nolo contendere plea tends to offer at least one tangible benefit, relating to civil court. Nolo contendere pleas often appeal to defendants looking to avoid an admission of fault in a related civil case.
Suppose Dawson and Creek get into a tussle one night at a bar. Dawson punches Creek squarely in the nose, breaking it. The local district attorney’s office reviews the police report of the incident and decides to prosecute Dawson for criminal assault. Independently, Creek hires a personal injury lawyer, who files a civil lawsuit against Dawson for assault.
If it’s an option, Dawson might consider entering a plea of nolo contendere rather than a straight-up guilty plea to the criminal charge. That way, Dawson doesn’t admit guilt and the personal injury lawyer couldn’t argue in the civil case that Dawson’s plea means he’s admitted fault for Creek’s injuries.
Nolo Contendere Plea Doesn’t Work the Same in Every State
While the benefit of no contest pleas in civil court sounds great, rules differ by state. Some states’ laws don’t provide this benefit in civil courts. Other states limit the benefits of no contest pleas in civil court. Consider California’s evidence code, for example. It allows a civil plaintiff to introduce evidence of a defendant’s nolo contendere plea to a crime that could have been punished as a felony. (Cal. Evid. Code § 1300 (2022).)
Let's go back to the Dawson case. If the bar fight had happened in Los Angeles, a no contest plea might not have helped Dawson in civil court. Assume he pleaded no contest to assault “with force likely to produce great bodily injury.” That offense is a “wobbler,” meaning that it can be either a misdemeanor or a felony. So, even if Dawson had received a misdemeanor sentence for his nolo contendere plea to this offense, Creek would have been able to introduce evidence of the plea in civil court to show Dawson was at fault.
Can All Defendants Plead No Contest?
No. Unlike a guilty plea, defendants don't have a right to enter a no contest plea. And not all states allow nolo contendere pleas. Even in those that do, a judge can typically decline a defendant’s request to plead nolo contendere. Take the rule in federal court, for example. There a defendant “may plead not guilty, guilty, or (with the court’s consent) nolo contendere.” A judge must consider “the parties’ views and the public interest in the effective administration of justice” before accepting a nolo contendere plea. (Fed. R. Crim. P. 11 (2022).)
Imagine a federal white-collar case involving executives who conspired to defraud investors. A judge presiding over such a case might refuse to accept nolo contendere pleas from the defendants, believing that anything short of “guilty” might suggest to the public that the bigwigs were getting lenient treatment.
How to Plead Nolo Contendere or No Contest
If a plea of nolo contendere is an option, how does a defendant enter the plea? Again, it depends on the law in your jurisdiction.
In some states, a judge must find a factual basis for a no contest plea. A factual basis means enough evidence exists to indicate that the defendant actually committed the crime. The purpose behind this requirement is to ensure that people don’t plead guilty to crimes they haven’t committed. In other jurisdictions, the court may accept a nolo contendere plea without exploring whether the defendant is really guilty. For example, the federal rule specifically requires a factual basis for a guilty plea but doesn’t mention the same for nolo contendere pleas. (Fed. R. Crim. P. 11(b)(3) (2022).)
Back to Dawson. Assume for a moment that he had been prosecuted in federal court. To accept a nolo contendere plea, the judge wouldn’t have had to seek assurance that Dawson actually punched Creek or that he did so without legal justification (like self-defense).
Is It Better to Plead No Contest Instead of Guilty?
Not always. Not admitting guilt can come with its own set of downsides. Being remorseful and accepting responsibility for one’s actions play significant roles in the criminal justice system.
For example, a judge who feels a defendant isn’t remorseful for a crime can take that factor into consideration when handing down a sentence. Defendants on probation or parole could also face consequences. Probationers and parolees often need to attend and complete counseling or other treatment as a condition of release. Such programs (take addiction programs for example) generally require a defendant to accept responsibility for their actions. Failure to do so could mean revocation of probation or parole and land the probationer or parolee behind bars.
Talk to a Lawyer
The law on no contest pleas varies from state to state and from state to federal court. If you want to know whether pleading nolo contendere is possible—and what the plea would mean—in your state and situation, consult an experienced criminal defense attorney. Your attorney can also help you evaluate whether such a plea is the right move for you.