Also known as: nolo contendere
Written by attorneys · grounded in primary & secondary sources — see below
A criminal defendant's plea that does not admit guilt but does not dispute the charge. The plea permits resolution of the case without forcing an admission that could later support civil liability. Courts may accept the plea only after considering the parties' views and the public interest.
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Noah Nakamura entered a non vult contendere plea to securities fraud charges after indictment. When a victim later sued in civil court, the defendant moved to bar introduction of the plea itself. The court excluded the plea because the rule treats a non vult contendere plea the same as a withdrawn guilty plea for admissibility purposes.
Nolan Nunez and three co-defendants faced related misdemeanor charges. The prosecutor offered a package deal requiring all to plead guilty or non vult contendere or the offer would be withdrawn. Their shared lawyer could not present the package without first obtaining each client's informed written consent after full disclosure of the aggregate terms.
Neil Nair was indicted in one district but arrested in another. He filed a written statement in the transferee district stating his wish to enter a non vult contendere plea and waiving trial in the original district. The court could not accept the transfer until the United States attorneys in both districts gave written approval.
Naomi Norton received a non vult contendere plea to a felony fraud count. In a later civil suit the plaintiff sought to introduce the resulting judgment to prove essential facts. The court refused admission because the hearsay exception for prior convictions expressly excludes judgments entered on non vult contendere pleas.
Nalini Narula faced federal charges and considered entering a non vult contendere plea. The court addressed her personally to confirm the plea was voluntary and not the product of force or improper promises before accepting it. After acceptance the plea could be withdrawn only on direct appeal or collateral attack.
Neville Norton entered plea discussions and later sought to bar use of his statements at trial. The government argued he had waived the usual protections that attach to non vult contendere discussions. The court enforced the waiver because the rule's default exclusion does not prevent parties from agreeing otherwise.
No. The plea allows the defendant to resolve the case without admitting guilt while still accepting the conviction and sentence. Courts treat it differently from a guilty plea for purposes such as later civil litigation.
A court may accept the plea only with the court's consent after considering the parties' views and the public interest in the effective administration of justice. The defendant must also waive trial rights and the plea must be voluntary.
…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 of nolo contendere of the defendant, or the absence of any prior conviction and pleas: Provided, however, that only such evidence in aggravation as the State has made known to the defendant prior to his trial…
…pleaded guilty, Rule 11 read as follows: “A defendant may plead not guilty, guilty or, with the consent of the court, nolo contendere . The court may refuse to accept a plea of guilty, and shall not accept the plea without first determining that the plea is made voluntarily with understanding of the nature of the charge.…
…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 of guilty or nolo contendere
No. Federal evidence rules bar admission of a nolo contendere plea against the defendant who entered it in subsequent civil or criminal proceedings. The same exclusion applies to statements made during plea discussions that do not result in a guilty plea.
No. Termination of a proceeding by a nolo contendere plea is not itself determinative that the director met the required standard of conduct. The corporation must still determine whether the director acted in good faith and with a reasonable belief that the conduct served corporate interests.
Only if each client gives informed consent in a signed writing after disclosure of the existence and nature of all pleas and each person's participation. The lawyer must also ensure the aggregate structure does not create unwaived conflicts.