Can you appeal nolo contendere

Duke is not only charged by the local district attorney with criminal assault—he's also sued by Vince for assault and battery in civil court.

After reaching an agreement with the prosecution, Duke pleads nolo contendere to the criminal assault charge. Traditionally, Duke's plea would mean that Vince couldn't argue, "Hey, he admitted he was guilty in the criminal case, so he has to be liable in this civil case! But the law has evolved in some states to permit the use of some no-contest pleas in civil court. For instance, the California Evidence Code allows a plaintiff to introduce evidence of a defendant's nolo contendere plea to a crime that could have been punished as a felony.

So, in California, if Duke pleaded no contest to assault with force likely to produce great bodily injury, Vince would have been free to introduce evidence of the plea to show Duke's guilt. This form of assault is a " wobbler ," which a judge can punish as either a misdemeanor or a felony. Vince would have been able to use the plea even if the judge had imposed on Duke only a misdemeanor sentence. Ultimately, varying and complex rules mean that you should consult a qualified criminal defense lawyer to understand the repercussions of any kind of plea in a given case.

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Meet the Editors. A "nolo contendere" plea is a lot like a guilty plea; it carries the same fundamental consequences, but not the official admission of guilt. In the typical scenario, the defendant gives up the right to go to trial in exchange for the prosecution's agreeing to: accept a conviction for a lesser offense than is available, or recommend lesser punishment than is possible.

Implications of "No Contest" Pleas in Civil Court Many cases are settled by guilty pleas, but prosecutors and judges sometimes agree to "nolo contendere"—or "no contest"—pleas. There are many reasons for this: the evidence may be overwhelming, the defendant may not have the funds to mount a defense, or prosecutors may use overwhelming leverage to secure a guilty plea by threatening decades in prison.

But circumstances might change later, as new evidence arises or a new attorney explores a previously unpursued strategy. Which raises the question of whether it is possible to appeal a conviction after a guilty or nolo contendere plea. In short, it is not always possible to appeal after a guilty or nolo contendere, although certain circumstances may make an appeal possible. Prosecutors seek guilty pleas because they save the state time and resources in conducting trials, and the bargain — as one-side as it may seem — is that the defendant will often accept a shorter sentence in exchange for not mounting a defense.

With that in mind, an appeals court may see no reason to disturb an outcome that the defendant agreed to with the prosecutors.

An experienced appeals attorney, however, may be able to find questionable circumstances relating to your guilty plea which an appeals court could look at. Furthermore, if the judge or prosecutor engaged in misconduct which led to your plea, you may have options to appeal.

Also note that it is possible for a criminal who entered a guilty plea to appeal the sentence that was handed down by the judge in the case without arguing against the guilty plea itself. Each state determines whether a plea of nolo contendere can be expunged. Can Nolo Contendere Be Appealed? In some cases, an appeal may be possible. Usually, however, a defendant must forgo their right to appeal in order to plea nolo contendere.

Pleading nolo contendere is not an automatic right. Can you change a No Contest plea? Pleading nolo contendere or taking a plea deal usually means defendants give up the right to any appeals. If so, changing a no contest plea can be difficult. Even if defendants are not required to waive their rights to appeal as part of the plea, getting a plea changed is a challenge once sentencing is determined.

Alternative to Nolo Contendere Pleading not guilty rather than nolo contendere gives attorneys time to investigate a case and build a defense strategy. Those weaknesses could result in charges being reduced or dismissed.