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A common question many defendants ask when facing criminal charges is, “which is better, a guilty plea or a no contest plea?” A defendant usually enters a plea of no contest when he or she is not guilty OR is guilty but does not want to admit guilt; in either case the defendant does not want to go to trial, which makes the plea a no contest plea. For the most part, a no contest plea has the same legal effect as a guilty plea.

There are certain differences that defendants must know regarding guilty pleas and no contest pleas:

According to California Penal Code Section 1016(3) pleas of no contest require the court’s consent even if the defendant is entering a no contest plea to all charges. The prosecutor’s consent is not required if the defendant is pleading no contest to all of the charges. Also, the court must inform the defendant that a plea of no contest will have the same effect in criminal proceedings.

According to California Penal Code Section 1016(3), a plea of no contest to a misdemeanor offense cannot be used as an admission in a civil action. However, pleas of no contest to felonies are admissible in civil actions growing out of the act on which the prosecution is built.

In many cases, it is recommended that a defendant choose a no contest plea if given the choice between a guilty plea or a no contest plea.

At Wallin & Klarich, our knowledgeable criminal defense lawyers understand the procedures of the court system in Southern California. We will make sure you understand all aspects of your case and all options available to you. We have been defending the rights of those facing these charges for over 30 years and know what it takes to get your charges reduced or dismissed completely. Call us today at 888-280-6839 or visit www.wklaw.com for more information. We will be there when you call.

This entry was posted on Thursday, May 20th, 2010 at 12:17 pm and is filed under Criminal Defense. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.