Pleading No Contest

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What It Means

If you haven’t experienced the situation of pleading no contest, you’re still probably familiar with the term. Within the ubiquitous amount of police procedure and crime-centered programs on TV and in the movies, the phrase is a main ingredient. To enter a plea of no contest is to admit to no guilt for a particular crime. However, it’s not that simple.

The Full Impact

Alternatively referred to as an Alford plea or nolo contendere, a no-contest plea may not be an admission of guilt by the defendant, but it translates that the court will consider the person guilty. As such, the consequences will bear the same weight. There are important factors to note in the explanation of this type of plea. First, for one to be able to employ it is a privilege. It isn’t a right to which people are automatically entitled. Therefore, the court must consent to accept the plea. This involves specifics that a judge will use as determinants to accept or reject a plea of no contest:

  • Does the defendant have adequate legal representation
  • Has the charged person entered into the plea voluntarily with complete understanding of it
  • If there are co-defendants, the judge will weigh the pleading defendant’s degree of culpability
  • Does the defendant fully understand the alleged charges and the punitive ramifications of them
  • Is the person answering before the court aware that the court views no contest as a guilty plea despite no admission of guilt

It’s mandatory for the judge to formally discuss such points with the defendant in open court. An acceptance of plea cannot be granted otherwise. As with most things, there are pros and cons to the choice of a nolo contendere plea.

Advantages

The most obvious advantage to pleading no contest is the avoidance of a public trial. There may be certain embarrassing or self-incriminating facts that the defendant would rather not have aired in the light of open court.
Economics could be another favorable factor to consider. Criminal trials, known for uncertain lengths, can send relative costs soaring.

One critical benefit speaks directly to legal procedure. The defendant’s plea may not be employed in a civil suit for the same offense because it is not an admission of guilt.

Disadvantages

The major disadvantage of a no-contest plea is its very definition. Because there’s no admission of guilt on the defendant’s part, yet the court deems the defendant guilty, the convicted person is often left in a bog of misunderstanding. This has become the basis for many instances of erroneous interpretation of the procedure overall.

Another downside is that the defendant is given nothing in return for choosing this type of plea. In no way is a person’s sentence ameliorated by opting to forgo the time and expense of a jury trial. The full range of penalties commensurate to the precise crime is at the court’s disposal.

The bottom line is that no one should enter into any kind of plea without proper legal counsel.

What To Expect With Bail Bond Hearings

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It is perfectly natural to feel nervous during a courtroom appearance. Bail bond hearings are normally held to decide how much bail should be posted, or if there is any bail required. Appearing at a bail bond hearing can be an intimidating event, especially if it is a new experience. Sometimes just knowing what to expect during the hearing can be helpful.

Chain Of Events During A Bail Bond Hearing

Some bail bond hearings are held in person, while others are held in a remote way with the judge in another location. In remote cases, the judge appears using the latest in video or remote voice technology. If the bond was not set right after charges were filed, a hearing is necessary. This hearing to set bond is usually held as soon as possible.

The defendant will normally be escorted into the courtroom. There, they must wait for their name to be called and they will move up to the podium. If the hearing is done remotely and is being recorded, the defendant will usually be asked to stand in a specific place.

The judge will usually read the charges and make a decision about whether to set bond, and will decide on the amount of the bond. Each case is different. For heinous crimes, there may not be a bond amount set. In cases when the defendant is thought to be a very low flight risk, or is no harm to himself or to others, defendants may be released on their own recognizance, with no bond required or posted.

How Do Federal Cases Differ?

In cases where a federal crime has occurred, the bail bond process becomes more serious. Larger cash amounts are required to post bond. The court also needs to take proper precautions to make sure that the money used for bond was obtained legally.

A special hearing called a Nebbia hearing may be needed, with the purpose of making sure the money was secured legally to post bond. The court may ask for things like bank records, business records, special accounting statements or tax records to show where the money is coming from. The money used to post bail cannot come from any illegal sources, or be gains derived from illegal activities, such as money laundering or drug trafficking.

Due to the extra work required and expertise needed to handle federal cases, fees charged by bail bond companies to take on federal cases may be higher. Specialized knowledge is needed to handle federal cases.

When A Bond Hearing Is Not Needed

There are cases where there is no need for a bond hearing. One time is when bond is already set at a certain rate for specific crimes. In these cases, bond can be paid and the defendant is free to go until the hearing date. Other examples include when a crime is not serious, when the defendant has an excellent record of being employed and living in the community, and when a person is not considered to be a flight risk.

When help is needed with bail bonds, the smartest move is to contact a bail bond expert. Bail bondsmen are happy to help with navigating the often confusing process. This is especially true since everything is usually happening quickly and during an emotionally taxing time.