Many criminal cases often end in a plea
bargain where the suspect and his/her criminal defense lawyer strike a deal with
the prosecution. Generally, the suspect pleads guilty not to the original
charges levied upon them but to a lesser charge which will essentially mean far
less severe legal consequences. A plea bargain allows the judge to sentence the
convict to a lighter charge and harnesses a more transparent, honest legal
process.
You saw this in The Wire with Avon
Barksdale. He could have been given many more years but he cooperated and so
on. When in jail, he set up a correction’s officer and used that to rat that CO
out which enabled him to get out of prison years earlier than he should have.
While such guilty pleas make up the
majority of how most criminal cases end, it is not always the case and criminal
defense attorneys know this from point blank experience. Sometimes, the guilty
party and his or her legal counsel decide to a no-contest plea or “nolo
contender”, a Latin term that translates to “I do not wish to content”.
No contest pleas are especially used by
legal professionals who are defending clients in criminal cases where there is
a possibility that there could also be a civil lawsuit filed against their
client. If the suspect has pleaded guilty in the criminal case and the victim
were to file a civil case against the suspect, then the guilty plea can be used
as direct conclusive evidence against the suspect. Therefore, when a suspect
pleads no contest, the evidence brought against him or her in a civil lawsuit
(if there is one) will not include the result of the connected criminal case
itself and criminal defense lawyers know all about this.
The
basics of a no contest pleas
For the most part, a no contest plea
will essentially have the same effect as a guilty plea. The defendant will be
convicted and penalized for the original criminal charges brought against them.
However, with a no contest plea, the defendant does not explicitly admit to
having committed the crime he or she was accused of.
So for example, if a suspect who is accused
of causing a DUI accident that caused injury pleads with no contest
in the criminal case is then sued by his or her victim in a relating civil
lawsuit, the burden of proof will be entirely on the plaintiff and they cannot
use the result of the criminal case as evidence in the civil lawsuit. On the
other hand, had the accused pleaded guilty in the criminal case then the
plaintiff in the civil case can simply put forth to the civil court that the
accused has already confessed to the crime and thus easily win the lawsuit and
criminal defense lawyers work under these restraints all the time.
OJ Simpson may have been innocent
originally for the murders but he was hammered in the civil case where they
even took his Heisman trophy.
Apart from this one inherent advantage
of pleading no contest, the defendant also has the personal satisfaction that
they did not plead guilty to just get away with a lesser charge for something
they were never actually guilty of. That would be terrible. We saw that in the
movie Law Abiding Citizen.
No
contest laws differ
No contest laws vary from state to
state. If you need to know the specific laws in effect in your state or have
been charged with a crime that you need to fight then you
ought to seek help from a criminal defense lawyer as soon as possible.
Facing charges? Not sure what to do?
Being put through a figurative meat grinder? You need legal help. You need to
press right here: Criminal-Defense.USAttorneys.com. The DA may not
know about this site and they do not need to. This is where you can find that
legal representative you certainly need.
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