Legal Definitions - nolo plea

A nolo plea, short for nolo contendere, is a type of plea in a criminal case where the defendant states "I do not wish to contend" the charges. While it is not an admission of guilt, the court treats it as such for the purpose of imposing a sentence. The primary advantage of a nolo plea is that it generally cannot be used as an admission of guilt against the defendant in a subsequent civil lawsuit related to the same incident.

Here are some examples illustrating the application of a nolo plea:

• Traffic Offense with Potential Civil Liability: Imagine a driver, Ms. Chen, is involved in a car accident and subsequently charged with reckless driving. The other driver, Mr. Davis, sustained injuries and is threatening to file a civil lawsuit for medical expenses and vehicle damage. If Ms. Chen pleads guilty to reckless driving, that admission could be used as strong evidence against her in Mr. Davis's civil case. However, if Ms. Chen enters a nolo plea, she accepts the criminal penalty (e.g., a fine, points on her license) without formally admitting guilt. This means Mr. Davis cannot simply present her criminal plea as proof of her negligence in his civil lawsuit; he would still need to independently prove her fault.

• Corporate Executive Facing Regulatory Charges: A pharmaceutical company executive, Mr. Lee, is charged with a regulatory violation for failing to disclose certain side effects of a drug. A guilty plea could expose the company to numerous class-action lawsuits from patients claiming harm, where the guilty plea would serve as direct evidence of corporate wrongdoing. By entering a nolo plea, Mr. Lee allows the criminal case to conclude with a conviction and sentencing (e.g., a fine, probation) without making an explicit admission of guilt. This makes it more challenging for civil plaintiffs to use the criminal conviction itself as automatic proof of liability in their civil claims against the company.

• Public Figure and Minor Assault: A well-known musician, Ms. Jones, is charged with a minor assault after an altercation with a paparazzo. The paparazzo is also threatening to sue Ms. Jones for battery and emotional distress. To avoid a lengthy and public trial, and to prevent her criminal plea from being used as an admission in the civil suit, Ms. Jones might enter a nolo plea. She would accept the criminal court's judgment and punishment (e.g., community service, a small fine), but her plea itself could not be presented in the civil case as proof that she committed the assault, forcing the paparazzo to prove the battery independently.