Question

In: Economics

What is the reason a person would want to enter a nolo contendre plea? What are...

What is the reason a person would want to enter a nolo contendre plea? What are the advantages/disadvantages? Can you make an argument that it is ever a “good idea” to enter a guilty plea?

Solutions

Expert Solution

Lets first see what a nolo contendere (no contest) plea is. In it the defendant does not accept or deny responsibility for the charges but agrees to accept punishment.

The plea differs from a guilty plea because a "no contest" plea cannot be used against the defendant in another cause of action.

Let us explain the advantage this brings.

A nolo contendere plea is quite different than a guilty plea as it avoids the possibility of being immediately found guilty in a civil suit. If you please guilty, then you are considered guilty immediately. The way that a nolo contendere plea works is it allows you to accept your punishment without admitting guilt that could put you at a disadvantage in a civil suit.

For example, if you were to plead guilty for a criminal charge, where there was a victim involved, it would be easy for them to use your guilty plea against you. If you pleaded guilty to your criminal charge, you are admitting guilt and therefore would automatically be found guilty in a civil suit without question.

With a nolo contendere plea, you are protecting your legal rights as a defendant in a case. While a nolo contendere plea doesn’t automatically eliminate a civil suit from being brought against you, it does provide you with a fair trial in the case. You have not admitted guilt for a crime that involved another person, so a civil suit may not find you at fault at all.

As can be seen, it makes sense sometimes to enter a nolo contendre plea as it has its own advantages.

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