What Is a No Contest Plea?

Defendants in criminal cases have three options when taking a plea: pleading guilty, no contest, or not guilty. Most people are familiar with pleading guilty and not guilty, but there is a general lack of understanding of what a no-contest plea is all about. 

This guide looks into a no-contest plea in a South Carolina context and can be an excellent read if you are facing charges and are unsure what plea to take in, but it can't be an alternative to getting legal counsel.

What Is a No-Contest Plea, and How Does It Compare With Other Pleas?

Taking a no-contest plea means accepting the penalties for the charges brought against you without admitting that you committed the said acts. There is a common misconception on what a no contest does to a charge, with most people who have never interacted with the criminal cases assuming that it can help lessen the severity of the penalties. 

The truth is, it doesn't, and you get penalties similar to what you'd get for taking a guilty plea or when the court finds you guilty. The main difference is its effect on the outcomes of civil cases based on the same actions. A no-contest plea cannot be used as evidence in a civil lawsuit, but it doesn't always mean you are absolved of liability. It only means the claimant may have to rely on other types of evidence to make their case.

What Is Required For a No-Contest Plea?

Courts usually take the same approach for guilty pleas when handling no contest. For example, the judge must ensure that the defendant fully understands the plea's implications. They must also inform the defendant that the penalties for taking the plea would not differ from those for pleading guilty. 

Lastly, the judge must determine that the defendant enters the plea willingly and without coercion. Another thing worth noting is that plea deals are not always available. For example, the prosecution can insist that you can only take a guilty plea as part of a plea deal. Also, judges can refuse to accept the plea, for example, if they believe such a move would disadvantage the complainant. 

When to Take or Not Take a No-Contest Plea

"A no-contest plea in a criminal case can look appealing as it creates an impression of no admission of guilt in a case. The only problem is it still counts in your criminal history and could affect your life in many ways. So, it is technically not a way out, but it could be an option if your lawyer feels it is the best way out for you," says criminal defense Attorney Scott Bischoff. 

If you are innocent of the charges brought against you, the allure of getting out of the mess as fast as possible shouldn't cause you to take a no-contest plea. Instead, let the lawyer fight your case all the way through by taking a not-guilty plea. 

Taking a no-contest plea is not the end of the road. Under some circumstances, you can withdraw the plea, but you must provide a fair and just reason for withdrawing it, and there are no guarantees that the judge will accept your reason. If the judge refuses a plea withdrawal and proceeds to sentencing, you can file an appeal, which also doesn't come with guarantees of success. So, the best course of action is making an informed decision guided by a lawyer in the first place.