What Are the Benefits of a “No Contest” Plea in Florida?
While every person charged with a crime has a right to their day in court, the reality is that the overwhelming majority of Florida criminal cases are resolved through a plea bargain. In many plea deals, the defendant agrees to plead guilty to a specified charge in exchange for certain consideration, such as a more favorable sentencing recommendation from the State Attorney. And as far as the law is concerned, a guilty plea is no different than a guilty verdict following a jury trial.
A defendant may, however, also enter a plea of nolo contendere or “no contest.” Such pleas are permitted under Florida law, provided the trial judge agrees to accept it. So how does a no contest plea actually differ from a plea of guilty? Can you still go to jail? Will you have a criminal record?
No Contest Does Not Mean “Not Guilty”
A no contest plea means just what it says: The defendant has decided not to contest the state’s charges against them. While this is not the same as pleading “guilty,” it essentially has the same effect. The trial court will enter a judgment against the defendant and impose a sentence. Another way to look at this is that with a no contest plea, the defendant accepts guilt without admitting guilt.
But why would a defendant enter such a plea in the first place? There are a few reasons. First, the defendant may simply conclude the state’s case against them is too strong. Even if the defendant believes they committed no crime, they might decide it is not worth the time and expense of a trial. By pleading no contest, they can attempt to put the case behind them, serve any sentence, and move on with their life.
Second, a defendant who pleads guilty in a criminal trial opens themselves up to possible civil liability. Consider a driver charged with DUI following a traffic accident where someone dies. If the driver pleads guilty to a criminal charge, that admission can be used as evidence in a civil wrongful death lawsuit brought by the family. A no contest plea, in contrast, is not considered an admission of guilt, so it would not be usable in any subsequent civil case.
Keep in mind, Florida judges are not required to accept a no contest plea. A trial judge must first determine if the defendant understands the significance of a no contest plea and ensure that it is made voluntarily. The judge must also decide if accepting the plea would go against the public interest.
Contact Asilia Law Firm Today
Before considering any potential plea in a criminal case, you should always consult with a qualified attorney. A Miami criminal defense attorney can review the government’s case against you, advise you of your options, and assist you in negotiating any potential plea agreement with the state. If you need to speak with a lawyer today, call the Asilia Law Firm today at 786-420-3014 or contact us online to schedule an initial consultation.
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