Nolo contendere

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Nolo contendere, in criminal trials, in some common law jurisdictions, is a plea where the defendant neither admits nor disputes a charge, serving as an alternative to a pleading of guilty or not guilty. Its literal translation from Latin means, "I do not wish to contest," and is also referred to as a plea of no contest, to stand mute, or, more informally, a nolo plea. Nolo contendere, while not technically a guilty plea, has the same effect as a guilty plea, and is often offered as a part of a plea bargain.^[1]

A plea of nolo contendere in many jurisdictions is not a right, and carries various restrictions on its use. In the United States, state law determines whether, and under what circumstances a defendant may plead no contest. Several other common law countries, however, prohibit the plea altogether.

In Australia, a plea of nolo contendere by a defendant in a criminal trial is not permitted. The defendant must enter a plea of guilty or not guilty. Where a defendant refuses to enter a plea the court will record a plea of not guilty.^[2]

One of the most famous nolo contendere pleas in United States history was that of United States Vice President Spiro T. Agnew, who was accused of crimes committed while he was the Governor of Maryland. Mr. Agnew pleaded nolo contendere in a Maryland court to the charges. Eventually, Agnew was forced to resign as Vice President.

[edit] Procedural effects

A conviction arising from a nolo plea is subject to any and all penalties, fines, and forfeitures of a conviction from a guilty plea, and can be considered as an aggravating factor in future criminal actions. However, unlike a guilty plea, a defendant may not be required to allocute the charges. Furthermore, the conviction may not typically be used to establish either negligence per se, malice, or whether the acts were committed at all in later civil proceedings related to the same set of facts as the criminal prosecution.^[3]

In some jurisdictions, such as the U.S. state of Texas, the right to appeal the results of a plea bargain taken from a plea of nolo contendere is highly restricted. In Texas, defendants who have entered a plea of nolo contendere may only appeal the judgment of the court if the appeal is based on written pretrial motions ruled upon by the court.^[4]