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Old 11-18-2006, 11:58 AM   #1 (permalink)
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No Contest Plea

What is the "no contest plea" used for? I read somewhere about information not being used in a civil case as an admission of guilt. What is the judges responsibility as far as excepting a no contest plea?
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Old 11-18-2006, 01:53 PM   #2 (permalink)
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What is the "no contest plea" used for? I read somewhere about information not being used in a civil case as an admission of guilt.

That is correct. For example, "assault and battery" is a criminal matter. However, the victim of the assault and battery also has a potential "civil" case against the perpetrator. If you plead "no contest" or "nolo contendere", the plaintiff in the civil case cannot use any evidence; i.e., your admission of guilt, from your criminal case to prove up the civil case. A plea of nolo contendere has the same force and effect of a "guilty" plea.



What is the judges responsibility as far as excepting a no contest plea?

What do you mean by "responsibility"?
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Old 11-18-2006, 06:12 PM   #3 (permalink)
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If a person cannot afford an attorney and the court refuses to appoint one.
It costs less to pay the costs and fine than to go to trial. Police make arrest and file complaint at beginning of investigation. After further investigation the people involved in the crime give statements of their involvement and who else was involved. All statements match. Witness's statement also match.
Officer makes out police reports before he has all the information from all officers involved. At pre trial meeting officer admits information in complaint which arrest is made on is not correct. Prosecutor wants to reduce charge to a minor mistamenor of which defendent is still not guilty of. Defendent feels he has no options - can't afford to go to trial- hates to plea to a lesser charge- has never been in trouble in his life- complaint make him look awful.
Taking plea makes it look like he really did what is on the complaint. If he pleas no contest and the judge lets him explain and the judge just looks at the complaint and the all the police reports he would clearly see the arrest was made on inaccurate information. When police officers make mistake of information are they required to add rhe correct information to that complaint.
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Old 11-19-2006, 05:01 AM   #4 (permalink)
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Quote:
Originally Posted by Pebbles
If a person cannot afford an attorney and the court refuses to appoint one.
It costs less to pay the costs and fine than to go to trial. Police make arrest and file complaint at beginning of investigation. After further investigation the people involved in the crime give statements of their involvement and who else was involved. All statements match. Witness's statement also match.
Officer makes out police reports before he has all the information from all officers involved. At pre trial meeting officer admits information in complaint which arrest is made on is not correct. Prosecutor wants to reduce charge to a minor mistamenor of which defendent is still not guilty of. Defendent feels he has no options - can't afford to go to trial- hates to plea to a lesser charge- has never been in trouble in his life- complaint make him look awful.
Taking plea makes it look like he really did what is on the complaint. If he pleas no contest and the judge lets him explain and the judge just looks at the complaint and the all the police reports he would clearly see the arrest was made on inaccurate information. When police officers make mistake of information are they required to add rhe correct information to that complaint.
You have been so general, and haven't identified the crime of which you are charged, or any details whatsoever. Contrary to past incorrect advice given here, detailing the particulars of your case here shouldn't "hurt" your trial--we haven't a clue who you are, where you live, etc. As long as you are anonymous, it is relatively safe to divulge particulars of SITUATIONS (NOT names, addresses, locales, etc) A general question gets a general ( and possibly less accurate) answer.

Have you ever heard the word "MIRANDA"? The court CANNOT "refuse" you court appointed counsel. You haven't said why you think you are being refused counsel.

You said "All statements match. Witness's statement also match." Why do they all match if you didn't commit the crime? Is the crime so egregious, that everyone is conspiring to have you convicted and you are an unwitting victim?

I do know that pleading "no contest" means that the judge ISN'T going to evaluate the particular quality or content of the evidence against you. Why should he? You are pleading "no contest"---in common vernacular, "I am accepting this evidence against me as being true". While you aren't exactly admitting guilt, you ARE offering taciturn acceptance of the evidence as being true. All of the blah blah you posted isn't relevant BEFORE the trial--it is relevant DURING the trial.

You must have an attorney. Either you misunderstood, or you are misrepresenting here what was actually said. Insist upon an attorney.
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