Nolo contendere

In criminal trials in the United States, a plea of "nolo contendere" means that the defendant neither admits nor disputes the charge, and is an alternative to pleading guilty or not guilty. This is also called a plea of no contest or, more informally, a "nolo" plea. "Nolo contendere" is Latin and literally means "I do not want to contend it."

While not technically a guilty plea, it is made as a part of plea bargains and has the same effect as a guilty plea. However, in making such a plea, a defendant accepts that he or she will be found guilty by the court without ever admitting to the act(s) charged. Former Vice President of the United States Spiro Agnew famously summarized the conditions of the plea with the words, "I didn't do it, but I'll never do it again."

While it is used in the United States, it is not a right, and different jurisdictions have restrictions on its use. In other common law countries it is prohibited altogether.

Effect of a plea of Nolo contendere

A plea of nolo contendere is not a defense to an action, so defendants pleading nolo contendere will be found guilty of the offense by the court. Defendants are still subject to all the penalties arising from that conviction (such as loss of a driver's license or the right to own a firearm), and if such defendants are later convicted of another offense, it can be considered as an aggravating factor.

A defendant will not, however, be made to allocute to the charges. Also, this plea (unlike a guilty plea) may not be used against them to establish negligence per se, malice, or even that they actually did the acts which resulted in the conviction, in later civil proceedings related to the same set of facts as the criminal prosecution.

In some jurisdictions, such as the U.S. state of Texas, the right to appeal the results of a plea bargain taken from a plea of nolo contendere is highly restricted. In Texas, defendants who have entered a plea of nolo contendere may only appeal the judgment of the court if the appeal is based on written pretrial motions ruled upon by the court or with the trial judge's permission.

See also

• Nolle prosequi
• Alford plea

References

• [1] - Harmonizing Substantive Criminal Law Values and Criminal Procedure: The Case of Alford and Nolo Contendere Pleas, originally published in the Cornell Law Review, Volume 88, Number 6, July 2003