Editing Nolo contendere (section)

==United States==
In the United States, state law determines whether, and under what circumstances, a defendant may plead no contest in state criminal cases. In federal court, the [[Federal Rules of Criminal Procedure]] only allow a ''{{lang|la|nolo contendere}}'' plea to be entered with the court's consent; before accepting the plea, the court is required to "consider the parties' views and the public interest in the effective administration of justice".<ref name="Cornell" />

===Residual effects===
A ''{{lang|la|nolo contendere}}'' plea has the same ''immediate'' effects as a plea of guilty, but may have different ''residual'' effects or consequences in future actions. For instance, a conviction arising from a ''{{lang|la|nolo contendere}}'' plea is subject to any and all penalties, fines, and forfeitures of a conviction from a guilty plea in the same case, and can be considered as an aggravating factor in future criminal actions. However, unlike a guilty plea, a defendant in a ''{{lang|la|nolo contendere}}'' plea may not be required to [[Allocution|allocute]] the charges. This means that a ''{{lang|la|nolo contendere}}'' conviction typically may not be used to establish either [[negligence per se|negligence ''per se'']], [[malice (legal term)|malice]], or whether the acts were committed at all in later civil proceedings related to the same set of facts as the criminal prosecution.<ref Name=FedRule410 />

Under the [[Federal Rules of Evidence]],<ref Name=FedRule410 /><ref Name=FedRule803 /> and in those states whose rules of evidence are similar or identical to them, ''{{lang|la|nolo contendere}}'' pleas may not be used to defeat the [[hearsay]] prohibition if offered as an "admission by [a] party-opponent".<ref Name=FedRule801 /> Assuming the appropriate gravity of the charge, and all other things being equal, a guilty plea to the same charge would cause the reverse effect: An opponent at trial could introduce the plea, over a hearsay objection, as evidence to establish a certain fact.<ref Name=FedRule803 />

===Compared with Alford plea===
''{{lang|la|Nolo contendere}}'' plea is similar to an [[Alford plea]] (also known as a "best interest plea"). An Alford plea allows a criminal defendant to formally record an admission of guilt for the charges, yet—at the same time— declare their innocence regarding those charges. Under an Alford plea, the defendant agrees to accept all the consequences of a guilty verdict—such as accepting punishment. An Alford plea bypasses the full process of a criminal trial.<ref name=":0">{{Cite web |title=Alford plea |url=https://www.law.cornell.edu/wex/alford_plea |access-date=2024-03-19 |website=LII / Legal Information Institute |language=en}}</ref> The primary distinction between an Alford plea and a ''{{lang|la|nolo contendere}}'' plea is that, in an Alford plea, the defendant pleads guilty (in a formal sense) yet in a ''{{lang|la|nolo contendere}}'' plea, the defendant does not assert innocence or guilt. A formal admission of guilt under an Alford plea can be used against the defendant in future civil suits, whereas nolo contendere pleas cannot.<ref name=":0" />

===Individual states===
====Alaska====
In [[Alaska]], a criminal conviction based on a ''{{lang|la|nolo contendere}}'' plea may be used against the defendant in future [[civil actions]]. The [[Alaska Supreme Court]] ruled in 2006 that a "conviction based on a no contest plea will collaterally [[Estoppel|estop]] the criminal defendant from denying any element in a subsequent civil action against him that was necessarily established by the conviction, as long as the prior conviction was for a serious criminal offense and the defendant in fact had the opportunity for a full and fair hearing".<ref name="All Business 2006" /><ref name="Alaska 2006" />

====California====
In [[California]], a ''{{lang|la|nolo contendere}}'' plea is known as a ''West plea'' after a seminal case involving plea bargains, ''People v. West'' (1970) 3 Cal.3d 595. The state Board of Pharmacy considers a plea of ''{{lang|la|nolo contendere}}'' to be deemed a conviction with regard to issuing licenses for pharmacies, pharmacists and drug wholesalers.

A ''nolo contendere'' plea to any felony is considered exactly equivalent to a guilty plea for the purposes of civil actions; this plea to any non-felony is not admissible to a civil action.<ref>{{Cite web |title=TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL ~ CHAPTER 4. Plea |url=http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=1016&lawCode=PEN%20Cal.%20Penal%20Code%20§%201016 |publisher=California Legislative Information, State of California |date=1998-09-28 |access-date=2019-04-29 }}</ref>

====Florida====
In [[Florida]], the [[Florida Supreme Court|Supreme Court]] held in 2005 that no-contest convictions may be treated as prior convictions for the purposes of future sentencing.<ref name="Florida 2005" />

====Michigan====
In [[Michigan]], "A ''nolo contendere'' plea does not admit guilt, it merely communicates to the court that the criminal defendant does not wish to contest the state's accusations and will acquiesce in the imposition of punishment."<ref>''Lichon v American Universal Insurance Co.'', 435 Mich 408, 417 (1990).</ref> A ''nolo contendere'' plea may be appropriate "where the defendant would not be able to supply a sufficient factual basis for a guilty plea because he or she was intoxicated on the night of the incident, where there is the possibility of future civil litigation resulting from the offense, or where a defendant cannot remember the events which led to his or her being charged with a crime".<ref>1A Gillespie Michigan Criminal Law & Procedure, § 16:15.</ref>

A no contest plea prevents the court from eliciting a defendant's admission of guilt, but the result of the defendant's plea not to contest the charges against him or her is the same as if the defendant had admitted guilt. If a defendant pleads no contest to a charged offense, with the exception of questioning the defendant about his or her role in the charged offense, the court must proceed in the same manner as if the defendant had pleaded guilty.<ref>MCL 767.37.</ref> A plea of no contest to a felony offense requires the court's consent.<ref>MCR 6.301(B).</ref>

A defendant's no contest plea to criminal charges does not ''estop'' that defendant from denying responsibility in a later civil action arising from the same conduct.<ref>Lichon, 435 Mich at 417.</ref>

====South Carolina====
According to [[South Carolina]] code, the defendant in any misdemeanor case in any of the courts may enter a plea of ''nolo contendere'' with the consent of the court. The plea of guilty will be recorded on defendant records and will not affect sentencing.<ref>{{Citation |title=The South Carolina Code of Laws, Unannotated: Title 17 - Criminal Procedure, Chapter 23, Pleading and Trial, Section 17-23-40 |url=https://www.scstatehouse.gov/code/t17c023.php |publisher= |website=The South Carolina Legislature |access-date=3 September 2023}}</ref>

====Texas====
In [[Texas]], the right to appeal the results of a [[plea bargain]] taken from a plea of either ''{{lang|la|nolo contendere}}'' or "guilty" is highly restricted. Defendants who have entered a plea of ''{{lang|la|nolo contendere}}'' may only appeal the judgment of the court if the appeal is based on written pretrial motions ruled upon by the court.<ref name="Texas 2007" />

====Virginia====
The [[Virginia]] Rules of Evidence differ from the parallel federal rules in that a ''{{lang|la|nolo contendere}}'' plea entered in a criminal case is admissible in a related civil proceeding.<ref>{{cite web |title=Code of Virginia |url=https://law.lis.virginia.gov/vacode/ |ref=8.01-418 |access-date=15 June 2023 |archive-date=15 June 2023 |archive-url=https://web.archive.org/web/20230615192540/https://law.lis.virginia.gov/vacode/ |url-status=live }}</ref>