In California, the vast majority of criminal cases (most estimates put the number over 95%) are not resolved by taking the matter to trial. When a defendant in a courtroom proclaims “Not guilty” through defense counsel that begins a contested process where the final outcome is rarely rendered by a jury. The vast majority of cases are settled through a “plea agreement”. Most defendants, who are unwilling to face the uncertainty of trial, enter a plea of guilty.

What No Contest Really Means

While a guilty plea means that you are admitting to having committed a crime, a no contest plea does no such thing. It says that you are not disputing that you committed the crime but you are also not admitting that you have done so. This leads to the defendant being found guilty, as they are putting up no defense to the charges, but there are situations in which it is better than pleading guilty.

It is Important to Know What No Contest Will Mean for the Future

Before a judge accepts a no contest plea on a criminal charge, they will make sure that the defendant understands what they are agreeing to. A no contest has a number of consequences including:

• Waiving the right against self-incrimination
• Waiving the right to a jury trial and to confront witnesses

In addition to want to protect the defendant’s rights, the judge also does not want the case to be reversed on appeal on the grounds that the defendant did not understand what a no contest plea really meant.

The Judge Must Approve the Plea

Even if the prosecutor and defense agree to a no contest plea, the judge is still required to agree. They must find a basis for this plea. They must be confident that the defendant knows that in the eyes of the law, the defendant will face most of the same issues pleading no contest as they would guilty. The judge must believe that the decision was made voluntarily.

There is One Main Benefit of a No Contest Plea

Many wonder: If the consequences are essentially the same, what is the point in making a no contest plea? The main issue is that a person who pleads guilty can then have that plea used against them in a civil case. While pleading no contest does not protect them from civil action, the plea will not be as detrimental to the case as a guilty plea would be.

There are other reasons a person may choose a no contest plea. For example, a person facing first-time drug crimes may be required to plea no contest or guilty to enter diversion. In some cases, there may be a wealth of evidence against someone who is not guilty. They may realize that the best option is to take a plea and that requires a guilty or no contest plea.