Question 1

What is a nolo contendere plea in Florida?

Accepted Answer

A nolo contendere plea (no contest) is a plea in a criminal case in which the defendant does not admit guilt but accepts the punishment as if they had been found guilty. In Florida, a nolo contendere plea: has the same effect as a guilty plea for sentencing purposes (the court imposes the same sentence), but: cannot be used against the defendant in a subsequent civil case (a guilty plea can be used as evidence of liability in a civil case; a nolo plea cannot). The court must approve the plea (the court has discretion to accept or reject the plea; Section 775.083).

Question 2

When should a defendant enter a nolo contendere plea in Florida?

Accepted Answer

Strategic use: a nolo plea is advantageous when: the defendant faces both criminal and civil liability (example: DUI where the defendant also caused a car accident; a guilty plea could be used against the defendant in the victim’s personal injury lawsuit, but a nolo plea cannot), the defendant wants to resolve the criminal case quickly without admitting fault, or a plea agreement with the prosecutor requires a plea but the defendant does not want to admit guilt. The defendant should consult with an attorney before entering a nolo plea to understand: the collateral consequences (immigration, professional licensing, firearms), the sentencing implications, and whether the plea can be withdrawn later.

Question 3

What is the difference between a nolo contendere plea and a guilty plea in Florida?

Accepted Answer

Key differences: admission of guilt (guilty plea: the defendant admits to the facts of the crime; nolo plea: the defendant does not admit guilt), civil case impact (guilty plea: can be used as evidence of liability in a civil case; nolo plea: cannot be used), sentencing (no difference; the court imposes the same sentence regardless of whether the plea is guilty or nolo), and criminal record (both result in a conviction on the defendant’s criminal record). Restrictions: a nolo plea to DUI can still be used for purposes of enhanced penalties on subsequent DUI charges (the nolo plea counts as a prior DUI conviction).

Nolo Contendere Plea No Contest Criminal

Nolo Contendere (No Contest) Plea in Florida

Effect

Strategic Use

vs. Guilty Plea

Related Terms

Barnes Walker Criminal Defense

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