Legal Definitions - no contest

A "no contest" plea, also known by its Latin term nolo contendere, is a type of plea a defendant can enter in a criminal court case.

When a defendant pleads "no contest," they are essentially telling the court, "I will not dispute the charges against me." This means they are not formally admitting guilt, but they are also not fighting the accusation. By making this plea, the defendant agrees to accept the punishment the court imposes, just as if they had been found guilty or had pleaded guilty. The court can then proceed directly to sentencing.

The key distinction of a "no contest" plea is its effect on other legal proceedings. While it results in a conviction and punishment in the criminal case, it generally cannot be used as an admission of guilt or fault against the defendant in a separate civil lawsuit arising from the same incident. This can be a significant advantage if the defendant anticipates being sued for damages by a victim.

However, it's important to note that a conviction resulting from a "no contest" plea is still a conviction. If the defendant later testifies in another legal proceeding, that prior conviction can be brought up to challenge their credibility.

• Example 1: Traffic Accident with Injuries

  Imagine a driver, Mark, is involved in a car accident where he ran a stop sign, causing significant damage and injuries to another driver, Lisa. Mark is charged with a traffic violation, such as reckless driving. Lisa plans to sue Mark in civil court to recover her medical expenses, lost wages, and vehicle repair costs.

  If Mark pleads "guilty" to the reckless driving charge, that admission of guilt could be used as strong evidence against him in Lisa's civil lawsuit, potentially making it easier for Lisa to prove Mark was at fault. However, if Mark pleads "no contest" to the reckless driving charge, he still faces the criminal penalties (fines, license points, etc.), but his plea cannot be automatically used by Lisa in her civil case as an admission that he was responsible for the accident. Lisa would still need to present other evidence to prove Mark's fault in the civil trial.

• Example 2: Minor Altercation and Potential Battery Claim

  Consider a situation where two individuals, Sarah and Emily, get into an argument at a public event. Sarah shoves Emily, causing Emily to fall and sustain a minor injury, like a sprained wrist. Sarah is subsequently charged with misdemeanor assault. Emily is considering filing a civil lawsuit against Sarah for battery to recover her medical bills and pain and suffering.

  If Sarah pleads "guilty" to the assault charge, that admission could be presented as evidence of her liability in Emily's civil battery lawsuit. By pleading "no contest," Sarah accepts the criminal consequences (e.g., probation, anger management classes) without formally admitting that she committed the assault. This prevents Emily from using Sarah's criminal plea as direct proof of fault in the civil case, requiring Emily to present independent evidence to establish Sarah's actions and responsibility.

• Example 3: Property Damage and Civil Restitution

  Suppose David is accused of spray-painting graffiti on a public building, causing several thousand dollars in damage. He is charged with vandalism. The city also intends to pursue a civil claim against David to recover the costs of cleaning and repairing the building.

  If David pleads "guilty" to the vandalism charge, that admission could be used by the city in its civil lawsuit to prove his responsibility for the damage. If David pleads "no contest," he will still face the criminal penalties for vandalism (e.g., fines, community service, probation). However, his "no contest" plea cannot be used by the city as an automatic admission of liability in the civil case for restitution. The city would still need to present other evidence to prove David's involvement and the extent of the damages in the civil proceeding.