
	Where results make sense

Topic: Plea of nolo contendere

Related Topics

Alford plea

Plea

Animus nocendi

Criminal law

Tort

Sodomy law

Rod Stewart

Criminal Law (movie)

In the News (Tue 29 Dec 09)

Northern Trust

Marvin Harrison

Peter Chernin

Gary Locke

Match Play

Penelope Cruz

Mickey Rourke

AR Rahman

Danny Boyle

Hugh Jackman

	No. 04SA186. People v. Darlington. - January 24, 2005 - Colorado Supreme Court Opinions
		Thus, the nolo contendere plea may be a compromise plea that benefits both the defendant and the prosecutor.
		The sole distinction we have made between a guilty plea and a plea of nolo contendere is that the latter gives the defendant the advantage of not being estopped from denying her fault in a civil action based upon the same facts.
		Finally, permitting a nolo contendere plea on a deferred sentence is in accord with the legislative intent.
	www.cobar.org /opinions/opinion.cfm?OpinionID=4982 (2418 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.
		In Jefferson, we held that the pleas of guilty and nolo contendere are treated "alike in the context of a motion to withdraw" a plea under Code 19.2-296.
		One of the consequences flowing from a plea of guilty is the foreclosure by the defendant of an argument on appeal that the ruling by the trial court on a motion to suppress was erroneous.
	www.courts.state.va.us /txtops/0758981.txt (3134 words)

	Alford plea - Wikipedia, the free encyclopedia
		In the law of the United States, an Alford plea is a plea in criminal court.
		Upon receiving an Alford plea from a defendant, the court may immediately pronounce the defendant guilty and impose sentence as if the defendant had otherwise been convicted of the crime.
		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.
	en.wikipedia.org /wiki/Alford_plea (363 words)

	Criminal Resource Manual 623 Pleas -- Federal Rule of Criminal Procedure 11 (Site not responding. Last check: 2007-10-20)
		A defendant may plead guilty, not guilty, or, with the consent of the court, nolo contendere.
		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.
	www.usdoj.gov /usao/eousa/foia_reading_room/usam/title9/crm00623.htm (357 words)

	[No title]
		"[A] plea of nolo contendere is not a confession of guilt.
		Pleas of guilty and nolo contendere are treated "alike in the context of a motion to withdraw" a plea under Code 19.2-296.
		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.
	www.courts.state.va.us /txtops/1317023.txt (1831 words)

	Court's Duty To Inform And Plea Bargains — C.R.S. 16-7-207
		If the plea is entered as a result of a plea agreement, the court shall explain to the defendant and satisfy itself that the defendant understands the basis for the plea agreement, and the defendant may then waive the establishment of a factual basis for the particular charge to which he pleads guilty.
		Nolo contendere plea that is voluntarily and understandingly made, with a factual basis that appears in the record, should be upheld.
		As a plea of guilty cannot be accepted where the evidence before the judge suggests that the accused may be legally insane, until his sanity is finally determined; if the plea is accepted prior to such a determination, the judgment is potentially void, depending on whether the accused had the capacity to enter a plea.
	www.dvmen.org /dv-160.htm (9000 words)

	OSCN Found Document:Delong v. State of Oklahoma
		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.
		The legal effect of such plea shall be the same as that of a plea of guilty, but the plea may not be used against the defendant as an admission in any civil suit based upon or growing out of the act upon which the criminal prosecution is based.
	www.oscn.net /applications/oscn/DeliverDocument.asp?citeID=60238 (2811 words)

	Michigan Appellate Digest - 250019 People v Patmore (Site not responding. Last check: 2007-10-20)
		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.
		The trial court accepted the plea, but before the defendant was sentenced he moved to withdraw his plea on the basis that his girlfriend had been coerced into testifying against him at the preliminary examination and had since recanted her testimony.
	courtofappeals.mijud.net /Digest/newHTML/25001921.htm (797 words)

	[No title]
		Petitioner's plea of nolo contendere constitutes a conviction for the purposes of section 1128(a)(2) of the Act.
		Notwithstanding that Petitioner's plea of nolo contendere was dismissed nunc pro tunc in March 1990, Petitioner's plea constituted a conviction of a criminal offense within the definition of section 1128(i)(3) and section 1128(i)(4) of the Act.
		Since the court accepted her plea, this is the offense of which she was convicted within the meaning of section 1128(a)(2) of the Act.
	www.hhs.gov /dab/decisions/dab1381.txt (7283 words)

	January 24, 2005 - Colorado Supreme Court Opinions
		Plea Agreement—Nolo Contendere—No Contest—Deferred Sentencing—Acceptability of Nolo Contendere Plea for Deferred Sentence.
		In this original proceeding, the prosecution and defendant had entered into a written plea agreement in which defendant would plead nolo contendere to misdemeanor criminal mischief, subject to a two-year deferred sentence, restitution, costs, and fines.
		Noting that courts have long recognized a plea of nolo contendere as the full equivalent to a guilty plea in criminal proceedings, the Supreme Court reads the use of "plea of guilty" in the statute as a generic phrase.
	www.cobar.org /opinions/opinionlist.cfm?CaseDate=1/24/2005&CourtID=2 (284 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)

	234 Pa. Code Rule 590. Pleas and Plea Agreement.
		In cases in which the imposition of a sentence of death is not authorized, when a defendant enters a plea of guilty or nolo contendere to a charge of murder generally, the judge before whom the plea was entered shall alone determine the degree of guilt.
		The purpose of paragraph (A)(2) is to codify the requirement that the judge, on the record, ascertain from the defendant that the guilty plea or plea of nolo contendere is voluntarily and understandingly tendered.
		When a guilty plea, or plea of nolo contendere, includes a plea agreement, the 1995 amendment to paragraph (B)(2) requires that the judge conduct a separate inquiry on the record to determine that the defendant understands and accepts the terms of the plea agreement.
	www.pacode.com /secure/data/234/chapter5/s590.html (1179 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.
		U.S., 367 U.S. 421, 426 (1961) (holding that "it was the judgment of conviction and sentence, not the tender and acceptance of the pleas of nolo contendere, that constituted the 'determination of guilt'").
		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)

	Government's Response to Motion of Clowe & Cowan, Inc., to Enter a Plea of Nolo Contendere : U.S. v. Oberkampf Supply ...
		Such a plea shall be accepted by the Court only after due consideration of the views of the parties and the interest of the public in the effective administration of justice.
		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)

	[No title]
		Moreover, Petitioner asserts that I should treat neither her plea of nolo contendere or the court's deferral of adjudication in her criminal case as a conviction under the Act.
		Petitioner asserts that if I were to find either her plea of nolo contendere or the deferred adjudication to be a conviction within the meaning of section 1128(i) of the Act, such finding would circumvent the State's reasons for enacting laws permitting nolo contendere pleas and deferred adjudications.
		A plea of nolo contendere falls within the meaning of section 1128(i)(3) whenever a party offers such a plea and a court agrees to accept it as an element of an arrangement to dispose of a pending criminal matter.
	www.hhs.gov /dab/decisions/cr-367.txt (2240 words)

	Summary of Georgia DUI Law
		In almost all cases, a nolo plea or a guilty plea or verdict in a criminal case for DUI in the State of Georgia will cause a suspension to occur in the non-resident's home state.
		A plea of nolo contendere is always discretionary (optional) with the judge handling the case.
		A nolo is also unavailable to any person who has had a prior guilty plea or verdict or a prior plea of nolo contendere to DUI in the past 5 years.
	www.ga-drunkdrivinglawyer.com /georgia-drunk-driving/law-summary.htm (3536 words)

	USCA6 Opinion 01a0426p.06
		Bearden has not offered a compelling reason for his offer to plead nolo contendere rather than guilty, other than his implausible claim that he did not know that the laptop computers at issue in the case were stolen.
		The Williams court concluded that a plea hearing may be delegated to a magistrate judge without statutory or constitutional difficulties as long as the defendant consents to the delegation.
		The district court refused to accept that as grounds for permitting, as a matter of its discretion, the withdrawal of the guilty plea because the entrapment defense was foreclosed by the facts of the case.
	www.michbar.org /opinions/us_appeals/2001/121801/13286.html (4737 words)

	98-7166 -- Rose v. Uniroyal Goodrich Tire Co. -- 07/26/2000
		Rose pled nolo contendere to a misdemeanor charge of possession of marijuana, and the felony charges against him were dropped.
		Rose's plea of nolo contendere could properly be used by Michelin as a basis for terminating his employment.
		First, although a plea of nolo contendere has the same legal effect as a guilty plea, it is not a factual admission to the underlying crime.
	www.kscourts.org /ca10/cases/2000/07/98-7166.htm (2018 words)

	Plea
		By a plea of guilty, you admit that the act is prohibited by law and that you committed the act charged.
		However, before entering your plea of guilty, you should understand that a plea of gulty may be used against you in a civil suit.
		A plea of not guilty means that you are informing the Court that you deny guilt in this case and that the State must prove the violation it has charged against you.
	www.co.walker.tx.us /departments/JP3/Plea.htm (167 words)

	What are the Georgia DUI DWI Laws?
		A nolo plea is unavailable for persons arrested July 1, 1997 or after who take a State test and have a result higher than 0.15%.
		So, a nolo contendere plea for licensees of states other than Georgia is generally no better than a guilty verdict at trial, or a plea of guilty.
		A nolo is also unavailable to any person who has had a prior guilty plea or verdict or a prior plea of nolo contendere to DUI in the past five (5) years.
	www.georgiacriminaldefense.com /georgia-dui-dwi-laws.html (6688 words)

	DUI Statutes
		In almost all cases, a nolo plea or a guilty plea or guilty verdict in a criminal case for DUI in the State of Georgia will cause a suspension to occur in the non-resident’s home state.
		The eligibility rules for the use of a nolo plea for non-residents are the same as for residents.
		Beginning July 1, 1997, the nolo plea is unavailable to those drivers who are under the age of 21 at the time of arrest.
	www.blacklawoffices.com /criminal/duistatutes.htm (4971 words)

	[No title]
		On May 12, 1995, judgment was entered reflecting that William L. Seaton had entered a plea of nolo contendere to four counts of sexual abuse and been sentenced to an aggregate term of twenty years imprisonment.
		The plea of nolo contendere to a charge in a criminal case is an admission of guilt in the criminal case.
		A judgment founded on a plea of nolo contendere may be challenged in a proceeding under our postconviction rule.
	courts.state.ar.us /opinions/1996/cr96-65.txt (573 words)

	SurfWax: News, Reviews and Articles On Nolo Contendere
		No contest or "Nolo Contendere" is used when a defendant cannot recall the facts of a crime sufficiently enough to give the court a "factual basis" from the defendant's testimony for accepting a plea.
		His wife, Carol, pleaded nolo contendere to the charge and admitted responsibility for the ounce of marijuana that was found by Grantville police in their vehicle Dec. 23.
		No contest or "Nolo Contendere" is used when a defendant cannot recall the facts of a crime sufficiently enough to give the court a "factual basis" from the defendant's testimony for accepting a plea, he said.
	www.lawkt.com /files/Nolo_Contendere.html (1847 words)

	PA Bulletin, Doc. No. 99-1221
		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.
		The Committee's consideration of plea withdrawals in court cases began in response to correspondence suggesting that the Criminal Rules be amended to provide a notice to the attorney for the Commonwealth in those situations in which a defendant requests to withdraw a plea of guilty.
		Rules 319 and 320 have been modified to include references to nolo contendere pleas because, in Pennsylvania criminal courts, a plea of nolo contendere is considered the same as a plea of guilty.
	www.pabulletin.com /secure/data/vol29/29-31/1221.html (2376 words)

	FindLaw for Legal Professionals - Case Law, Federal and State Resources, Forms, and Code
		Thereupon, the district court, against the exception of the plaintiff in error, refused to accept the plea of nolo contendere tendered by him, and directed him to plead to the indictment; he stood mute, and the court entered for him a plea of not guilty.
		Meanwhile, the plaintiff in error moved in the district court to correct the record so as to have it show that the plea or nolo contendere had been accepted, and petitioned the circuit court of appeals to release its mandate in order that the correction might be made.
		It is insisted that the plea had been accepted when originally tendered, but this is negatived by the ruling of the circuit court of appeals, and we are in substance asked to revise its decision upon a writ of error to the district court.
	caselaw.lp.findlaw.com /scripts/getcase.pl?court=us&vol=235&invol=412 (881 words)

Try your search on: Qwika (all wikis)