What are the differences in pleading guilty and no contest in a DUI case?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What are the differences in pleading guilty and no contest in a DUI case?
Asked on May 9, 2013 under Criminal Law, New Hampshire
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
The purpose of entering a no contest plea is to try and avoid being sued in civil court for confessing to a crime (unlike a guilty plea). In other words, pleading no contest can restrict someone from automatically gaining leverage in a civil suit. On the other hand, a guilty plea means you admit to the charges, have no defense for your actions and the court can go ahead and pronounce a sentence on you.
When a person pleads "nolo contendere" (i.e. no contest) they do not admit guilt but the court can still determine the punishment. The judge will question the defendant to make sure that they understand the plea and its possible consequences. This gives the defendant an opportunity to explain the circumstances of the incident. The judge then gains a better understanding of the situation, which can mean that the defendant has the possibility of getting a more lenient sentence than otherwise might be might handed down.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.