Also known as: no contest plea · no-contest pleas · nolo contendere · nolo plea
Written by attorneys · grounded in primary & secondary sources — see below
A criminal defendant's plea by which the defendant neither admits nor disputes the charges but accepts conviction and punishment. The plea produces the same sentencing consequences as a guilty plea yet prevents the plea itself from serving as an admission usable against the defendant in later civil or criminal proceedings.
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Natalie Norris faces federal fraud charges and enters a nolo contendere plea after the court consents. In a later civil enforcement action brought by regulators, the government attempts to introduce the plea to prove the underlying misconduct. The court excludes the evidence because the nolo plea supplies no admissible admission against Norris.
Nicole Navarro and three co-defendants face related misdemeanor charges. Their shared lawyer presents a package offer requiring each to enter a nolo contendere plea or the deal collapses for all. The lawyer obtains signed written consents only after separately explaining how one client's refusal would bind the others and detailing the distinct immigration consequences for Navarro.
Neville Norton is indicted in one district and arrested in another. He files a written statement requesting to plead nolo contendere and waiving trial in the original district. Both United States attorneys provide written approval, allowing the clerk to transmit the file so Norton can enter the plea and receive sentence in the district of arrest.
Neil Nair is convicted after a nolo contendere plea to a felony securities violation. In a later civil suit, the plaintiff offers the conviction to prove essential facts under the judgment-of-conviction hearsay exception. The court excludes the evidence because the exception expressly excludes judgments entered on nolo pleas.
Nestor Navarro enters a nolo contendere plea in federal court after the judge conducts the required colloquy and finds the plea voluntary. The court accepts the plea and imposes sentence. Navarro later challenges the conviction on appeal, but the plea stands as a final judgment equivalent to a guilty plea for sentencing purposes.
Nolan Nunez tells the court he maintains factual innocence yet wishes to resolve the case without trial. The judge rejects an Alford-style guilty plea and instead permits a nolo contendere plea after confirming the public interest supports acceptance. The resulting conviction carries the same penalties as a guilty plea but avoids any formal admission of guilt.
A defendant may plead not guilty, guilty, or nolo contendere with the court's consent. The court must consider the parties' views and the public interest before accepting a nolo contendere plea. If the defendant refuses to plead, the court enters a not guilty plea on the defendant's behalf.
Supporting sources
A lawyer may not participate unless each client gives informed consent in a signed writing. The disclosure must cover the existence and nature of all pleas and each person's participation. Separate meetings and individualized explanations are required when clients face materially different collateral consequences.
…the Texas Constitution. Tex. Const., Art. 1, § 3a. Those contentions were rejected. The petitioners, having entered a plea of nolo contendere , were each fined $200 and assessed court costs of $141.25. App. to Pet. for Cert. 107a-110a. The Court of Appeals for the Texas Fourteenth District considered the petitioners' federal…
…and aggravation of punishment, including the record of any prior criminal convictions and pleas of guilty or pleas
…pleaded guilty, Rule 11 read as follows: “A defendant may plea
…by death"); S.C.Code Ann. § 16-3-655(C)(1) (Supp.2007) ("If the [defendant] has previously been convicted of, pled guilty or nolo contendere to, or adjudicated delinquent for first degree criminal sexual conduct with a minor who is less than eleven years of age . . . he must be punished by death or by imprisonment for life");…
…see Pet. for Cert. 10-11), approximately 92.2% of the convictions in the Ninth Circuit were secured through pleas
Supporting sources
A nolo contendere plea is inadmissible against the defendant who entered it in subsequent civil or criminal cases. The same exclusion applies to statements made during plea discussions that do not result in a guilty plea. The rule protects the policy of encouraging resolution without formal admissions of guilt.
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No. The judgment-of-conviction exception under Rule 803(22) expressly excludes judgments entered after a nolo contendere plea. The conviction may still be offered for impeachment or other non-hearsay purposes if otherwise admissible.
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The defendant must file a written statement requesting the plea and waiving trial in the original district. Both United States attorneys must approve the transfer in writing. Only after these steps may the clerk transmit the file to the transferee district.
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