random legal question

[DrFaroohk]

I've heard that if you're in legal trouble, and want to plead guilty, the court typically won't accept it if you're like "Well, I'll plead guilty but I really didn't do it." Just curious what would happen if like immediately after the trial you're being all loudmouthed about it. Do they throw you back in jail or something?

[Andara Bledin]

It's called pleading nolo contendre. Aka, no contest.

It means that you are not accepting guilt for the crime, but you aren't going to bother fighting it, either.

Everything else happens as if you were found guilty, just without the actual guilty verdict.

Unfortunately, I can't remember if we got into whether you could be tried later or not. And my info is all based on California law, seeing as that's where I studied.

^-.-^

[bara]

Isnt paying a ticket about the same thing? In this example anyway.

You come to a stop sign and stop, look both ways and see its clear. But as you proceed through the intersection some one hits you, either because of excessive speed or say they turned out of a parking lot or driveway.

If no one else is around, and the other person isnt honest, the law is going to ticket you for failure to yield. You cant possibly prove you are innocent and what little evidence there is points that you ran a stop sign.

Would that be a good example of no contest?

[crashhelmet]

Pleading "No Contest" has its ups and downs and is usually used to keep a guilty conviction to be used against you in a future trial, like a civil one. It can also be used for instances where you've got an explanation of what you did to try and make it justifiable.

I used it when I was facing an assault charge. I beat the crap out of a guy that hit my girlfriend at the time. It was her ex and he had the audacity to argue with her and then hit her with me being a few feet away.

I had actually pled guilty at first, not knowing about "No Contest", but while i tried to explain myself, my dim witted, and up until that point useless Public Defender interrupted me and said that i wanted to change my plea to "No Contest."

The judge asked me about what happened and then dropped the charges, citing something about self-defense for the defenseless (It's been a while, I can't remember exactly what it was).

[DrFaroohk]

Yeah I've heard of no contest before. Or "nolo" they call it sometimes.

Maybe the thing I'd heard was just a TV Lawyer thing. Basically like this: You're charged with murder. You didn't do it, (or maybe you did!?) but you get a plea bargain deal. Plead guilty, and you only get like 5 years.

In situations like that, I had heard that the court won't "accept" your guilty plea unless you're really pleading guilty. You can't just say "Well I'm only pleading guilty to get this deal, but I really didn't do it."

Anyway if that was at all true, soemthing they do in court, I was wondering if, once the judge's gavel falls and the court session is done and you leave, is there anything from stopping you from telling people you really didn't do it?

[Andara Bledin]

Unless a plea specifically includes a clause about what you can say afterwards, there is nothing stopping you from saying you're guilty or not as you see fit.

And there's a good chance that in a criminal case, a plea cannot be used in that manner due to the First Amendment.

^-.-^

[Mytical]

Yes unless there is some sort of Non-Disclosure Act (or equivalent) clause you can say whatever you like. However..in those cases you admit guilt..so if somebody comes along later and finds out you are innocent..it would be harder to sue for false arrest (note: Probably not impossible mind, but harder).

[crashhelmet]

Yeah... "Wrongly Convicted" usually doesn't hold up against an admission of guilt. you'd have to prove improper coercion.

[Mytical]

Yeah... "Wrongly Convicted" usually doesn't hold up against an admission of guilt. you'd have to prove improper coercion.

*nods* Yes that is the proper term, tried to think of it, but brain decided it wanted to ice fish in alaska instead. lol.

[blas87]

I looked myself up online, by paying my traffic fines, I therefore pleaded "no contest".