Pleading no contest (sometimes called nolo contendere) in a California criminal proceeding means that the defendant agrees to accept a conviction for the crime(s). However, he or she does not admit to being factually guilty when entering the plea.
In California, a no contest plea generally has the same legal effect as a guilty plea, but with one exception. A no contest plea to a misdemeanor cannot be sued against the defendant in certain civil cases as evidence of criminality – whereas a guilty plea typically can be.
Once defendants enter a no contest plea, then they are found guilty of the criminal charges to which they plead, and cases proceed to a sentencing hearing. Note that a no contest plea means that a defendant waives his/her rights to:
- counsel,
- a jury trial,
- not incriminate himself/herself, and
- confront and cross-examine the accuser.
Per Penal Code 1018 PC, defendants can sometimes withdraw a plea of no contest by bringing a Motion to Withdraw a Plea. Defendants must file this motion either:
- before they are sentenced, or
- within six months of a probationary sentence (as opposed to a jail/prison sentence).
A judge will grant the motion provided that the accused shows good cause for doing so. “Good cause” includes situations where the defendant:
- did not understand the circumstances of the plea,
- did not enter the plea freely and voluntarily, or
- was not represented by a competent attorney at the time the plea was entered.
If the motion is granted, then the case starts over from the arraignment phase of the criminal court process.
Our California criminal defense attorneys will highlight the following in this article:
- 1. What is a no contest plea?
- 2. Is it better to plead guilty or no contest?
- 3. Can a no contest plea be withdrawn later on?
Defendants do not technically admit guilt when entering a no contest plea.
1. What is a no contest plea?
When people enter a plea of nolo contendere, they agree with the district attorney that they should receive a criminal conviction for the crime(s).
“Nolo contendere” is a Latin phrase that means “I do not wish to contest.” When defendants enter a no contest plea, they are not technically entering an admission of guilt, but are still allowing the court to determine their punishment.1
While no contest is similar to a guilty plea, there is a main difference between the two when it comes to civil proceedings/civil lawsuits.
When a defendant pleads no contest in a misdemeanor case, that plea cannot be used against him/her as an admission of guilt in a civil case arising out of the same conduct from which the criminal prosecution was based. With a guilty plea, however, the plea can be used to show guilt.2
In felony cases, a no contest plea has the exact same effect as a guilty plea and can be used as an admission of guilt in any other legal proceeding.
Note that before a defendant can enter a no contest plea, a judge must:
- accept the plea,
- ensure that the accused completely understands the nature and consequences of the plea,
- inform the defendant that a no contest plea will be considered the same as a guilty plea, and
- ensure that the defendant is entering the plea knowingly and voluntarily (as opposed to being coerced or misled into doing so).3
A judge must also inform a defendant that a no contest plea acts as a waiver of his/her right to:
- counsel,
- a jury trial,
- not incriminate himself/herself, and
- confront and cross-examine the accuser.
These rights are generally waived in a written form called a Tahl waiver.
2. Is it better to plead guilty or no contest?
It is better to plead nolo contendere in misdemeanor cases when a defendant anticipates a civil action arising out of the same conduct from which the criminal prosecution was based.
Again, this is because in the State of California a no contest plea cannot be used against a defendant in a civil proceeding as evidence of civil liability.
However, with a guilty plea, the criminal prosecution and the defendant’s plea have the legal effect of showing guilt in a civil lawsuit.
Example: While Joe is driving 85mph on the freeway, he gets involved in a two-car accident. The other driver dies as a result of the collision.
Prosecutors charge Joe with the California crime of vehicular manslaughter. His attorney negotiates a plea bargain whereby Joe enters a no contest plea, and in return, pays a substantial fine to avoid any jail time.
Meanwhile, the family of the driver who died initiates a wrongful death civil lawsuit against Joe. If he had entered a “guilty” plea to the manslaughter charge, that admission of guilt could be used against him in the civil suit — which would automatically fulfill the burden of establishing his civil liability.
However, because Joe entered a “no contest” plea, the civil lawsuit will proceed as if there had been no criminal investigation.
Note that, as Rancho Cucamonga criminal defense attorney Michael Scafiddi explains,
“The difference between a guilty plea and a no contest plea is only relevant with respect to misdemeanor or infraction convictions. In California felony cases, a no contest plea has the exact same effect as a guilty plea and can be used as an admission of guilt in any other legal proceedings.”4
3. Can a no contest plea be withdrawn later on?
Penal Code 1018 PC allows defendants in California to withdraw their guilty or no contest plea upon a showing of good cause.5
Defendants can seek to withdraw a plea by filing a Motion to Withdraw a Plea either:
- before they are sentenced, or
- within six months of a probationary sentence (as opposed to a jail/prison sentence).6
As mentioned above, a judge will grant a motion if a defendant can show some factual basis that there is good cause in doing so.
Cases where defendants can demonstrate good cause include those where:
- a defendant was not represented by an attorney at the time of his/her plea,
- an accused was not aware of all of the consequences of the plea,7
- an accused was coerced into a plea,8
- a defendant was represented by an incompetent lawyer,9 and
- a defendant was prejudiced by a language barrier.10
If a judge grants a defendant’s Motion to Withdraw, then the case starts over again beginning at the arraignment phase of the criminal process.
If a judge denies the motion, then the defendant is bound to the terms of his/her judgment.
For additional help…
Contact us for help
For additional guidance or to discuss your case with a criminal defense lawyer or personal injury lawyer, we invite you to contact our law firm/law offices at the Shouse Law Group. Our attorneys provide both free consultations and legal advice you can trust.
Our lawyers represent clients throughout California State, including those in Los Angeles, San Diego, Orange County, and Long Beach.
Legal References:
- Black’s Law Dictionary, Sixth Edition – “Nolo Contendere.”
- California Penal Code 1449 PC.
- California Penal Code 1016 PC.
- Rancho Cucamonga criminal defense attorney Michael Scafiddi represents clients throughout the Inland Empire, including Banning, Barstow, Rancho Cucamonga, Hemet, Palm Springs, Riverside, and San Bernardino County.
- California Penal Code 1018 PC.
- People v. Cruz (1974) 12 Cal.3d 562.
- People v. Superior Court (Giron) (1974) 11 Cal.3d 793 – involving the deportation of a lawfully admitted permanent resident alien.
- People v. Sandoval (2006) 140 Cal.App.4th 111.
- People v. Brown (2009) 175 Cal.App.4th 1469.
- People v. Aguilar (1984) 35 Cal.3d 785.