No Contest and Guilty Pleas
A plea of no contest has the same legal effect in criminal court in a misdemeanor or felony case as a plea of guilty. A no contest plea is different from a guilty plea. Unlike a guilty plea, the court's approval is required before entry of a plea of no contest even though the plea is to all charges. As with a plea of guilty, there is no requirement that the deputy district attorney consent to a plea of no contest provided the person entering the plea is pleading to all charges in the case. A person who pleads no contest in a criminal case must be advised of and waive the same rights as a person who pleads guilty. The court/ judge must also be certain that the person entering the plea understands that a plea of no contest is for purposes of the misdemeanor or felony criminal conviction as far as the judge is concerned considered the same as a guilty plea. A no contest plea to a misdemeanor offense cannot be used as an admission in a civil action. However a no contest plea to a felony offense such as a sex crimes plea or a DUI with Injury plea is admissible as an admission in a civil case growing out of the felony criminal case. A guilty plea to either a misdemeanor or felony may be used as an admission in a civil case. If you are arrested or charged with a misdemeanor or felony, contact Christine McGuire, The Santa Cruz Criminal Defense Attorney.