Can a 'no contest' plea bite you later in life?

QUESTION:

I shoplifted some DVDs, and got caught and charged with a misdemeanor. If I plead "no contest" to a misdemeanor, will it go on my record -- and can I be charged in civil court for the same crime?

ANSWER:

A no contest plea -- known often by its Latin name "nolo contendere" -- means that you agree to accept the punishment without formally acknowledging that you are guilty. It does go on the record, in the sense that the court record for the case will indicate a no contest plea. A credit or background reporting agency and anyone who looks at the public court record will see and can report the plea.

As for your question about civil court, keep in mind that you can't be charged with a crime there. In civil cases, individuals sue each other, usually over money -- in this case, the store would be the one suing you over the loss of the DVDs.

If you are sued in a civil case over the same incident that also involved a criminal charge, a guilty plea from the criminal case could be introduced against you in the civil case as proof that you did the deed. But if you've entered a no contest plea, that can't be used as evidence of guilt at a civil trial. In fact, that's the main reason people enter a no contest plea.

The plaintiff in the civil case will have to produce independent proof that you are responsible for the event -- and will have an easier time of it than the prosecutor in the criminal case, since the standard of proof will be simply a preponderance of the evidence and not beyond a reasonable doubt.

Learn more about Criminal Lawyers & Procedure.

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