Also known as: nolo contendere plea · nolo contendere · no contest plea · nolo plea
Written by attorneys · grounded in primary & secondary sources — see below
A plea in a criminal proceeding by which a defendant neither admits nor denies factual guilt but submits to conviction and sentencing. The court must consent after considering the parties' views and the public interest in the effective administration of justice. The plea produces the same conviction consequences as a guilty plea for purposes of sentencing and finality but receives distinct treatment under evidentiary rules that limit its later use.
Natasha Nielsen faces federal fraud charges and enters a nolo contendere plea after the court grants consent. In a later civil enforcement action brought by regulators, the government attempts to introduce the plea itself as proof of the underlying conduct. The court excludes the evidence because the nolo plea receives the same protection as a withdrawn guilty plea under the governing evidentiary rule.
Neil Nair and four co-defendants each face misdemeanor charges arising from the same protest. Their lawyer presents a package offer under which every defendant must plead nolo contendere or the deal collapses for all. The lawyer obtains written consent from each client only after separately explaining how one defendant's refusal would bind the others and detailing the distinct immigration consequences for Neil Nair.
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Nadia Novak is indicted in one district and arrested in another. She files a written statement in the arrest district requesting to plead nolo contendere and waiving trial in the charging district. Both United States attorneys must still supply written approval before the clerk transmits the file and the transferee court may accept the plea.
Naveen Nanda is convicted after a nolo contendere plea to a felony. In a subsequent civil suit, the plaintiff offers the judgment to prove an essential fact. The court excludes the judgment because the hearsay exception for prior convictions expressly excludes judgments entered on nolo contendere pleas.
Nicholas Nunez enters a nolo contendere plea and the court accepts it. At sentencing he invokes the Fifth Amendment when asked about additional conduct. The court may not treat the nolo plea itself as a waiver of the privilege for sentencing purposes.
Neville Norton enters plea discussions and later pleads nolo contendere. He signs a written agreement allowing the government to use his statements if he later challenges the plea. The court enforces the waiver because the protection for plea statements is subject to knowing relinquishment by the defendant.
A defendant may plead not guilty, guilty, or nolo contendere with the court's consent. If the defendant refuses to enter any plea, the court must enter a not guilty plea on the defendant's behalf.
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The court must consider the parties' views and the public interest in the effective administration of justice before accepting the plea. Consent is discretionary and not a matter of right.
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No. Federal Rule of Evidence 410 excludes evidence of a nolo contendere plea against the defendant who entered it in both civil and criminal proceedings.
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A judgment entered on a nolo contendere plea is excluded from the hearsay exception for prior convictions and receives distinct treatment under impeachment rules.
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The lawyer must obtain informed written consent from each client after disclosing the existence and nature of all pleas and the participation of every person in the arrangement.
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…the Government could do that." Over 90% of federal criminal defendants whose cases are not dismissed enter pleas of guilty or nolo contendere. U. S. Dept. of Justice, Bureau of Justice Statistics, Sourcebook of Criminal Justice Statistics 1996, p. 448 (24th ed. 1997). Were we to accept the Government's position, prosecutors could…