What Does It Mean to Plead No Contest in a Michigan Criminal Case?
If you’re charged with a crime in Michigan, your first court appearance – called an arraignment – is where you’ll enter a plea. Most people plead guilty or not guilty, but in some cases, a third option may be available: pleading no contest. A criminal defense lawyer in Ann Arbor can explain how a no-contest plea works and help you decide whether it might be a strategic choice in your case.
What Is a No-Contest Plea?
A no-contest plea, also called a nolo contendere plea, means a defendant chooses not to contest the prosecution’s allegations. A no-contest plea leads to most of the same consequences for a defendant as a guilty plea, as the court will enter a conviction and proceed to sentence the defendant without holding a trial on the charges. However, a no-contest plea does not include a defendant’s admission of guilt.
Legal Effect of No-Contest Pleas in Michigan Courts
When a defendant pleads no contest in Michigan court, the court retains discretion over whether to allow the plea and whether to accept it. The court must first determine whether the prosecution has alleged sufficient facts that, if accepted as true, would prove each element of a defendant’s charge. However, the court will not require the defendant to allocate (admit) facts, since a no-contest plea does not constitute an admission of guilt.
The court must also advise the defendant of the rights they waive by pleading no contest, including the right to require the prosecution to prove its allegations in a jury trial beyond a reasonable doubt and the right to confront the prosecution’s witnesses. The court also needs to ensure that the defendant has entered their plea knowingly, intelligently, and voluntarily.
Because a no-contest plea does not involve an admission of guilt, a defendant may still have the option to pursue post-conviction relief based on newly discovered evidence of actual innocence. Furthermore, a no-contest plea cannot serve as evidence of guilt in related civil cases.
Key Differences from Guilty Pleas
Some of the primary differences between no-contest pleas and guilty pleas include:
- No explicit admission of wrongdoing
- Inadmissible as evidence of liability in a related civil case
- Available post-conviction rights that a guilty plea would preclude
Practical Reasons for Pleading No Contest
Some of the reasons why a defendant may want to plead no contest in a criminal case in Michigan include:
- Wanting to avoid admitting guilt if the defendant may face civil liability (i.e., a personal injury or wrongful death lawsuit) for the same underlying events
- The defendant cannot recall facts about the underlying events to develop a defense, but they want to resolve their charges without admitting guilt (since they can’t remember facts)
- The defendant may wish to pursue strategic advantages in plea bargaining
- Wanting to avoid the uncertainty, time, and expense of a trial, without abandoning essential rights, should exculpatory evidence later come to light
Common Misconceptions About No Contest Pleas
Some of the biggest misconceptions that people have about no-contest pleas include:
- A no-contest plea means avoiding criminal penalties – a defendant who pleads no contest will face sentencing just the same as if they had pled guilty.
- A no-contest plea does not result in a conviction – pleading no contest will result in the entry of a conviction and the issuance of a criminal record.
- No-contest pleas do not appear in background checks – pleas may still appear as a conviction in background checks for sentencing or employment/housing applications.
Contact Our Ann Arbor Criminal Defense Firm Today
If you face criminal charges in Michigan, you may have the option to plead no contest to your charges.
Contact Geherin Law Group, PLLC, today for a free, confidential consultation with a defense attorney from our law firm to learn more about the implications of pleading no contest in a Michigan criminal prosecution.