nolo contendere


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Nolo Contendere

[Latin, I will not contest it.] A plea in a criminal case by which the defendant answers the charges made in the indictment by declining to dispute or admit the fact of his or her guilt.

The defendant who pleads nolo contendere submits for a udgment fixing a fine or sentence the same as if he or she had pleaded guilty. The difference is that a plea of nolo contendere cannot later be used to prove wrongdoing in a civil suit for monetary damages, but a plea of guilty can. Nolo contendere is especially popular in antitrust actions, such as price-fixing cases, where it is very likely that civil actions for treble damages will be started after the defendant has been successfully prosecuted.

A plea of nolo contendere may be entered only with the permission of the court, and the court should accept it only after weighing its effect on the parties, the public, and the administration of justice.

nolo contendere

(no-low kahn-ten-durr-ray) n. Latin for "I will not contest" the charges which is a plea made by a defendant to a criminal charge, allowing the judge to then find him/her guilty, often called a "plea of no contest." (See: no contest)

nolo contendere

‘it is not intended to contend’, a plea permissible in certain US jurisdictions whereby a person accused of a crime can be disposed of without, however, the accused admitting his guilt. It is not allowed in the UK, and pleas of convenience - ‘I can't be bothered fighting this and would like to get it over with’ - are frowned upon and usually treated as pleas of not guilty, resulting in the case having to proceed to a trial.
References in periodicals archive ?
248) In truth, Alford and nolo contendere pleas are faulty not because they promote inaccurate convictions, but rather because they do not make voluntary pleas for the innocent available or useful enough.
6) First, the law has long allowed defendants to plead nolo contendere, which means that they refuse to admit guilt but accept punishment as if guilty.
These cases involve defendants who either entered a plea of nolo contendere, or entered an Alford Plea.
The timing of the Salomon Brothers episode is such that certain sanctions by the Federal Reserve Bank of New York might apply even if the firm is not convicted of, or if it pleads guilty or nolo contendere to, a felony under U.
When the defendant enters a guilty or nolo contendere plea, rather than proceeding to trial, the two-part test above still applies; however, the prejudice prong "focuses on whether counsel's constitutionally ineffective performance affected the outcome of the plea process.
His denunciation of Alford and nolo contendere pleas sounds only one horn of a dilemma.
A conviction, guilty plea or plea of nolo contendere to any crime, misdemeanor or felony should be reported.
Some of the protesters pleaded nolo contendere and paid the small fines levied against them.
The new subdivision would allow the child to withdraw a plea of guilty or nolo contendere within 30 days of rendition on specified grounds.
Just as the trier of fact must make a choice if the defendant goes to trial, so too must the trial judge make a choice if the defendant enters a plea of nolo contendere to both counts.
Paid pursuant to a conviction or plea of guilty or nolo contendere in a criminal proceeding;
We agree that Alford and nolo contendere pleas are shocking injustices, the products of a bureaucratized, utilitarian, assembly-line criminal justice system.