Knowing the limitations of pleading no contest is important when you’re considering entering this type of plea. A no contest plea (also known as nolo contendere) is an option for defendants in criminal cases that allows them to accept a conviction without admitting guilt. However, this type of plea comes with limitations that defendants should carefully consider before deciding to use it. In Oklahoma, as in most states, a no contest plea has the same legal effect as a guilty plea for criminal sentencing purposes, but it carries specific restrictions and consequences.
Criminal Penalties
One of the key limitations of a no contest plea is that it carries the same criminal penalties as a guilty plea. Under Oklahoma law, once a defendant pleads no contest, the court imposes a sentence just as with a guilty plea. The plea does not offer any leniency in terms of punishment, and the defendant will face the same potential consequences.
The court treats a no contest plea as a conviction, meaning that if you are convicted of another crime in the future, this plea could count as a prior conviction for sentencing enhancements under the state’s criminal laws.
No Contest Plea in Civil Cases
Defendants often choose a no contest plea to avoid admitting guilt, particularly to prevent civil liability. It cannot be used as an admission of guilt in a related civil lawsuit. For instance, in a car accident with criminal charges, a no contest plea won’t automatically serve as evidence in a civil case.
However, while a no contest plea may help in civil cases, it does not offer full protection. The conviction still exists, and the facts of the case can still play a role in civil proceedings. The plea can still influence the outcome by establishing that a crime occurred, even with no direct admission of guilt.
Limitations on Appeals
Another limitation of pleading no contest is that it generally waives your right to appeal the conviction. Once the court accepts your no contest plea, you forfeit the right to appeal the conviction in most circumstances. However, exceptions might exist if the defendant did not voluntarily enter the plea or if there was a legal error.
Impact on Your Record
A no contest plea results in a criminal conviction that will appear on your record. This conviction can impact future employment opportunities, housing, professional licenses, and other aspects of your life. In Oklahoma, no contest plea convictions are the same as any other regarding background checks and public records.
Additionally, certain offenses may make you ineligible for expungement, meaning that the conviction could remain on your record indefinitely. This is a critical consideration for individuals who are concerned about their long-term criminal record.
Judicial Discretion
In Oklahoma, as in other states, a judge does not have to accept a no contest plea. The court must ensure the plea is voluntarily and knowingly entered, and the judge can reject it if deemed unjust. This may limit the ability to use a no contest plea, especially if the judge finds a guilty plea or trial more appropriate.
Tulsa Criminal Lawyers
A no contest plea avoids admitting guilt, which can be helpful in civil cases, but it has significant limitations. In Oklahoma, it results in a conviction with the same penalties as a guilty plea, limits appeals, and impacts your criminal record. Defendants should carefully weigh the pros and cons with their attorney, considering both immediate and long-term effects.
If you’re considering pleading no contest or need help understanding the limitations, call our team at Tulsa Criminal Lawyers Law Firm at (918) 416-0358 or contact us online.