Nolo contendere: The facts

Nolo contendere is a legal term which can appear to be quite complex. This article aims to inform the reader of the legal meaning of nolo contendere and also give information about how it can have an effect on the case in which it is pleaded.

What is nolo contendere?

Definition Nolo contendere is a Latin term which has a meaning equivalent to "I do not wish to contend". Due to its use in the law and in legal trials specifically, it has become known as the "no contest plea" but you may also hear it referred to as the standing mute plea. Criminal trials & common law In criminal trials, and indeed in most common law jurisdictions, "nolo contendere" can be heard in the court rooms to signify that the defendant wishes to neither admit nor dispute a charge. The law takes the view that if a person is genuinely innocent, they will contest their innocence and as such, when a plea of nolo contendere is heard by the court, it is treated as a guilty charge until any circumstances prove to the contrary. Nolo contendere can have different effects on trials at different stages and we examine the effects of this in the next section.

What effect does nolo contendere have on a trial?

'Forum' for trial
The exact effect of what the nolo contendere plea will have on a case will be determined by the rules of criminal procedure in the jurisdiction in which the trial is being heard. This is also known as the 'forum' for the trial. It is important that if you are considering a plea of nolo contendere, that you do so having researched your individual jurisdiction (for example, your state if you are in the USA) or by contacting a lawyer.
Benefits to defendant A plea of nolo contendere may be beneficial to a defendant when there are multiple charges at hand and the defendant does not want a guilty verdict in one to affect the findings in another.
Example For example, if you have been charged and are facing trial for reckless driving (charge one) and causing damage to property (charge two) and you are being tried for the former first, then you may want to plead nolo contendere so that you are fined an amount (as if you were found guilty) but so that a guilty verdict for reckless driving cannot be used as evidence that you definitely did damage to someone else's property. Final word
Contact an attorney or lawyer for the best information about what to do in your trial.