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Topic: Nolo contendere

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  Nolo contendere - Wikipedia, the free encyclopedia
In both criminal and civil trials in the United States, a plea of "nolo contendere" means that the defendant neither admits nor disputes the charge.
Generally, defendants pleading nolo contendere will be found guilty of the offense by the court, as there rarely is (or can be, even) an effective defense without contesting the charge at hand.
In Texas, defendants who have entered a plea of nolo contendere may only appeal the judgment of the court if the appeal is based on written pretrial motions ruled upon by the court or with the trial judge's permission.
en.wikipedia.org /wiki/Nolo_contendere   (657 words)

 California Criminal Law Review   (Site not responding. Last check: 2007-09-17)
The nolo contendere plea may not be used against the defendant in a subsequent civil action based on the same acts or omissions to prove that the defendant in fact committed the acts or omissions.
Moreover, a person permitted to plead nolo contendere admits his guilt for the purpose of imposing punishment for his acts and yet, for all other purposes, and as far as the public is concerned, persists in its denial of wrongdoing.
In this light, by accepting a nolo contendere plea over government objection from a defendant the judge believes is or may be innocent, the court is suggesting that the prosecution made a mistake in its pre-trial determination of the defendant’s guilt.
www.boalt.org /CCLR/v6/v6gurevich.htm   (7874 words)

 [No title]
He argues that a plea of nolo contendere should be distinguished from a guilty plea for the purpose of determining a waiver of his right to appeal.
The appellate court raised sua sponte the issue of waiver and held that by pleading nolo contendere the defendant waived her right to appeal the trial court's determination.
In the instant case, by entering a plea of nolo contendere to the conspiracy charge, appellant foreclosed the opportunity to appeal the trial court's denial of his pretrial motion to dismiss.
www.courts.state.va.us /opinions/opncavtx/0758981.txt   (3134 words)

 OSCN Found Document:Delong v. State of Oklahoma   (Site not responding. Last check: 2007-09-17)
The trooper arrested Delong, and transported her to the Cotton County Jail, and Delong was charged with driving while under the influence of drugs, possession of marijuana, resisting an officer, obstructing a police officer in performance of his duties, attempted escape from detention, and failure to carry a bill of lading.
This evidentiary material, uncontroverted as it is, coupled with the admission of facts and waiver of irregularities affected by entry of Delong's nolo contendere plea, establishes the arresting officer's probable cause to initially stop and arrest Delong, and absent evidentiary material to the contrary, is fatal to her claim of false arrest.
This case does not present the kind of situation contemplated by Rule 410: the use of a nolo contendere plea against the pleader in a subsequent civil or criminal action in which he is the defendant.
www.oscn.net /applications/oscn/DeliverDocument.asp?citeID=60238   (2811 words)

 [No title]
Since the nolo contendere plea may not be used during the civil proceedings, the criminal may sue the peace officer whose defense is limited by the inadmissibility of the nolo contendere in the civil case.
If a conviction is based on a nolo contendere plea, its reliability as an indicator of guilt is substantially reduced because of: (a) the defendant's reluctance to admit guilt for all purposes and (2) the myriad of reasons which prompt a person to enter such a plea.
Even if evidence of a plea of nolo contendere is admitted in a subsequent civil action, the person who entered the plea remains free to explain the reasons why he or she entered the plea and can contest the truth of the matter asserted by the plea.
www.sen.ca.gov /leginfo/BILL-6-DEC-1998/CURRENT/AB/FROM0300/AB0353/AACPUBS.TXT   (928 words)

 Rule 24, Arkansas Rules of Criminal Procedure   (Site not responding. Last check: 2007-09-17)
(a) A plea of guilty or nolo contendere shall be received only from the defendant himself in open court, except that counsel may enter a plea of guilty on behalf of a defendant in misdemeanor cases where only a fine is imposed by the court.
The court shall not accept a plea of nolo contendere unless it is satisfied, after due consideration of the views of the parties, that the interest of the public in the effective administration of justice would thereby be served.
(e) that if he pleads guilty or nolo contendere he waives his right to a trial by jury and the right to be confronted with the witnesses against him, except in capital cases where the death penalty is sought.
courts.state.ar.us /rules/crimpro24.html   (749 words)

 frontline: the plea: four stories: harmonizing substantive criminal law values... | PBS
Nolo contendere pleas were also more likely to be used for white-collar crimes such as fraud, counterfeiting, food and drug, and environmental laws.
Nolo contendere pleas were used in about 5% of federal sex offenses.
Nolo contendere pleas let them avoid both, which serves the self-interests of offenders and prosecutors at the expense of victims and the civil courts.
www.pbs.org /wgbh/pages/frontline/shows/plea/four/nolo.html   (17586 words)

 FRCRMP - Rule 11 (LII 2004 ed.)   (Site not responding. Last check: 2007-09-17)
Before the court accepts a plea of guilty or nolo contendere, the defendant may be placed under oath, and the court must address the defendant personally in open court.
Before accepting a plea of guilty or nolo contendere, the court must address the defendant personally in open court and determine that the plea is voluntary and did not result from force, threats, or promises (other than promises in a plea agreement).
If there is a guilty plea or a nolo contendere plea, the record must include the inquiries and advice to the defendant required under Rule 11(b) and (c).
www.law.cornell.edu /rules/frcrmp/Rule11.htm   (1106 words)

 Michigan Appellate Digest - 250019 People v Patmore   (Site not responding. Last check: 2007-09-17)
A plea of nolo contendere is an admission of all the essential elements of a charged offense and is tantamount to an admission of guilt.
To establish that the withdrawal of an accepted plea of nolo contendere, as to which the factual basis had been substantially supported by since-recanted testimony, would be fair and just, the defendant must prove by a preponderance of credible evidence that the original testimony was untruthful.
A victim advocate in the prosecutor's office testified that she had sensed a change in the girlfriend's attitude toward the defendant after the girlfriend discovered that she was pregnant, and the parties agreed that the girlfriend had been asked by authorities to testify truthfully at the preliminary examination.
courtofappeals.mijud.net /Digest/newHTML/25001921.htm   (799 words)

 Item 99-08-01Supplement
The court shall ascertain whether the defendant completely understands that a plea of nolo contendere shall be considered the same as a plea of guilty and that, upon a plea of nolo contendere, the court shall find the defendant guilty.
Thus, if the county presents evidence of a claimant’s nolo contendere plea to a misdemeanor, it will not be considered as an admission to any facts in the state hearing.
The nolo contendere plea to a felony could be introduced into evidence as an admission as to the specific facts to which the claimant pled nolo contendere, just as with a guilty plea.
www.dss.cahwnet.gov /shd/docs/notes/99-08-01B.htm   (536 words)

 Converted WP file 25000
Given the proscriptive language of Rule 410 regarding the evidentiary use of nolo pleas, Lewis contends that the trial court erred in relying on his domestic battery conviction to revoke his probation since that conviction was obtained through a nolo plea.
He contends that his plea of nolo contendere to that charge precludes consideration of that conviction during the recidivist proceeding based on Rule 11(e)(6)(B) of the West Virginia Rules of Criminal Procedure.
Upon analysis then, what is prohibited by the rules of evidence and criminal rules of procedure is use of the fact of the plea of nolo contendere in subsequent civil or criminal proceedings to prove that the defendant committed the offense to which he entered the plea.
www.state.wv.us /WVSCA/DOCS/Fall98/25000.htm   (2111 words)

 [No title]
ANALYSIS On appeal, Horn contends the trial court abused its discretion in not allowing him to withdraw his plea of nolo contendere and proceed to trial upon the "new evidence" that the complaining witness recanted her claim that the sexual intercourse at issue was not consensual.
Id. [W]hether or not an accused should be allowed to withdraw a plea of [nolo contendere] for the purpose of submitting one of not guilty is a matter that rests within the sound discretion of the trial court and is to be determined by the facts and circumstances of each case.
In other words, "[t]he least surprise or influence causing a defendant to plead [nolo contendere] when he [or she] has any defense at all should be sufficient grounds for permitting a change of plea from [nolo contendere] to not guilty." Id. at 325, 52 S.E.2d at 874 (quoting 14 Am.
www.courts.state.va.us /txtops/1317023.txt   (1831 words)

 Government's Response to Motion of Clowe & Cowan, Inc., to Enter a Plea of Nolo Contendere : U.S. v. Oberkampf Supply ...
Absent compelling factors, to grant the motion [to accept a plea of nolo contendere] is virtually to rule that a defendant in an antitrust proceeding is entitled to plead nolo contendere as a matter of right.
It is true that a plea of nolo contendere does not preclude imposition of an appropriate sentence, but the deterrent effect of a criminal prosecution does not come solely from the sentence imposed.
While a plea of nolo contendere, for all practical purposes from the standpoint of punishment is comparable to a plea of guilty, there is, however, a material difference when considering the fact that a nolo contendere plea may not be used against a defendant as an admission in any subsequent civil or criminal proceeding.
www.usdoj.gov /atr/cases/f0400/0491.htm   (1558 words)

 Nolo contendere - Law terms   (Site not responding. Last check: 2007-09-17)
A Latin phrase meaning, “I will not contest it.” In a criminal matter, if the defendant pleads “nolo contendere,” he or she neither admits nor denies the charges.
In cases other than those punishable as a felony, while the Court may still impose a fine or a sentence, the “nolo” plea cannot be used against the defendant in a civil action based on the same acts.
A defendant may plead nolo contendere only with the consent of the court.
www.encyclopedia-wiki.org /encyclopedias/lawglossary/Nolo-contendere.html   (300 words)

 Criminal Resource Manual 623 Pleas -- Federal Rule of Criminal Procedure 11   (Site not responding. Last check: 2007-09-17)
The court does not have the authority to accept either a plea of guilty or a plea of nolo contendere until the court has first determined that the defendant has a requisite understanding and that the plea is voluntary, in accordance with Federal Rules of Criminal Procedure 11(c) and (d).
Federal Rule of Criminal Procedure 11(d) requires that the court not accept a plea of guilty or nolo contendere without first, by addressing the defendant personally in open court, determining that the plea is voluntary and not the result of force or threats or of promises apart from a plea agreement.
The Court shall also inquire whether the defendant's willingness to plead guilty or nolo contendere results from prior discussions between the attorney for the government and the defendant or his/her attorney.
www.usdoj.gov /usao/eousa/foia_reading_room/usam/title9/crm00623.htm   (356 words)

 Alford plea - Wikipedia, the free encyclopedia
Therefore, a defendant's prior conviction via an Alford plea can be considered in future trials; and it will count as a "strike" if a three strikes law applies.
On the other hand, a nolo contendere plea is in no way an admission of guilt, and it cannot be introduced in future trials as evidence of incorrigibility.
However, courts do not have to accept a plea of nolo contendere, and usually do not, except in certain nonviolent cases.
en.wikipedia.org /wiki/Alford_plea   (372 words)

 Georgia Judicial Branch :: Uniform Superior Court Rules   (Site not responding. Last check: 2007-09-17)
A plea of guilty or nolo contendere should be received only from the defendant personally in open court, except when the defendant is a corporation, in which case the plea may be entered by counsel or a corporate officer.
Procedurally, a plea of nolo contendere should be handled under these rules in a manner similar to a plea of guilty.
When a defendant without counsel tenders a plea of guilty or nolo contendere to an offense, the court should not accept the plea unless it is reaffirmed by the defendant after a reasonable time for deliberation, following the advice from the court required in section 33.8.
www.georgiacourts.org /courts/superior/rules/rule_33.html   (1393 words)

 234 Pa. Code Rule 591. Withdrawal of Plea of Guilty or Nolo Contendere.
Under paragraph (A), when a defendant moves to withdraw a plea of guilty or nolo contendere, ordinarily the motion should be filed in writing before the date of the sentencing hearing.
When the defendant orally moves to withdraw a plea of guilty or nolo contendere at the sentencing hearing, the court should conduct an on-the-record colloquy to determine whether a fair and just reason to permit the withdrawal of the plea exists.
When a defendant is permitted to withdraw a guilty plea or plea of nolo contendere under this rule and proceeds with a non-jury trial, the court and the parties should consider whether recusal might be appropriate to avoid prejudice to the defendant.
www.pacode.com /secure/data/234/chapter5/s591.html   (515 words)

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