Nolo contendere
Plea of nolo contendere (also no contest , stand mute ; Latin for: I do not deny) is a possible entry of the accused into US criminal proceedings in which the accused neither confirms nor denies the accusations made against him. Nolo contendere is thus a third possible option in addition to the guilty plea (admission as guilty) and the not guilty plea (innocent).
The immediate effect of a nolo contendere admission is the same as that of a guilty plea : Since the accused has just given up on defending himself against the accusation, he can be convicted. However, depending on the applicable procedural law, a nolo-contendere admission has different effects than a guilty plea in the following civil and criminal proceedings . In some states, for example, a criminal judgment issued because of a plea of nolo contendere is not binding for subsequent civil proceedings. In such a process, the liability-establishing facts presented would have to be proven again. The Federal Rules of Evidence, for example, also generally do not allow the use of statements from hearsay witnesses. A possible exception to this concerns statements about a criminal conviction, but not if this was based on nolo contendere .
Depending on the state, a nolo contendere is also not taken into account as a relevant previous conviction (see Three Strikes ) or when determining the sentence.
Whether a plea of nolo contendere is even possible and on what conditions it depends also depends on the various procedural rights. The Federal Rules of Criminal Procedure, for example, require the approval of the court. Before giving consent, it must in particular take into account the views of the parties and the public interest in the prosecution.
