The Difference Between A Guilty Plea And A No Contest Plea
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 40 years and know what it takes to get your charges reduced or dismissed completely. Call us today at 888-280-6839 for more information. We will be there when you call.
AUTHOR: Paul Wallin
Paul Wallin is one of the most highly respected attorneys in Southern California. His vast experience, zealous advocacy for his clients and extensive knowledge of many areas of the law make Mr. Wallin a premiere Southern California attorney.
Mr. Wallin founded Wallin & Klarich in 1981. As the senior partner of Wallin & Klarich, Mr. Wallin has been successfully representing clients for more than 30 years. Clients come to him for help in matters involving assault and battery, drug crimes, juvenile crimes, theft, manslaughter, sex offenses, murder, violent crimes, misdemeanors and felonies. Mr. Wallin also helps clients with family law matters such as divorce and child custody.
If you or a loved one have been accused of a crime, this is the time to contact us.
Los Angeles County
Los Angeles | Long Beach | Glendale | Santa Clarita | Lancaster | Palmdale | Pomona | Torrance | Pasadena | West Covina | Carson | Santa Monica | Whittier | Lakewood | Redondo Beach | Arcadia | Diamond Bar | Glendora | Cerritos | La Mirada | Rancho Palos Verdes | Culver City | Manhattan Beach | Claremont | Beverly Hills | San Dimas | Walnut | Calabasas | Hermosa Beach | El Segundo | Palos Verdes Estates | Malibu
Santa Ana | Anaheim | Irvine | Huntington Beach | Garden Grove | Orange | Fullerton | Costa Mesa | Mission Viejo | Westminster | Newport Beach | Buena Park | Lake Forest | Tustin | Yorba Linda | San Clemente | Laguna Niguel | La Habra | Fountain Valley | Anaheim Hills | Placentia | Rancho Santa Margarita | Aliso Viejo | Cypress | Brea | Stanton | San Juan Capistrano | Dana Point | Laguna Hills | North Tustin | Seal Beach | Ladera Ranch | Laguna Beach | Laguna Woods | La Palma | Coto de Caza | Los Alamitos | Rossmoor | Midway City | Las Flores | Villa Park
Riverside | Moreno Valley | Corona | Temecula | Murrieta | Jurupa Valley | Indio | Hemet | Menifee | Perris | Eastvale | Cathedral City | Palm Desert | Lake Elsinore | Palm Springs | La Quinta | Coachella | San Jacinto | Beaumont | Wildomar | Banning | Norco | Desert Hot Springs | Blythe | Rancho Mirage | Canyon Lake | Calimesa | Indian Wells
San Bernardino County
San Bernardino | Fontana | Rancho Cucamonga | Ontario | Victorville | Rialto | Hesperia | Chino | Chino Hills | Upland | Apple Valley | Redlands | Highland | Colton | Yucaipa | Montclair | Adelanto | Twentynine Palms | Loma Linda | Barstow | Yucca Valley | Grand Terrace | Big Bear Lake | Needles
San Diego | Oceanside | Escondido | Carlsbad | Vista | San Marcos | Encinitas | Solana Beach | El Cajon | Santee | Poway | La Mesa | Del Mar
Oxnard | Thousand Oaks | Simi Valley | Ventura | Camarillo | Moorpark | Santa Paula | Port Hueneme | Fillmore | Ojai